Varinder Arora son of Sh. Madanjit Arora, R/o House No.3456, Sector 35-D, Chandigarh

…… Revision Petitioner/complainant

V e r s u s

1.Anytime India Fitness Limited, Floor Eastern Wing Tricity Centre, Plot 28, Industrial Park, Phase I, Chandigarh.

2.House of Fitness Pvt. Ltd., 203-204, IInd Floor, Building No.5, Derawal Nagar, Delhi .

....Respondents/Opposite Parties

BEFORE:  

Argued by:

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

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“In view of the foregoings, we are of the opinion that the complainant has proved his case. Therefore, the complaint stands allowed. The OPs are directed to refund Rs.8491/- to the complainant. They are also directed to pay a sum of Rs.5,000/- towards compensation and litigation costs. The liability of the OPs shall be joint and several.

This order be complied with by the OPs, within a period of 30 days from the date of receipt of copy of this order, failing which they shall be liable to pay the above total awarded amount of Rs.13,491/- along with penal interest @12% per annum from the date of filing of this complaint i.e. 03.12.2012 till its actual payment.”

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9.            that fresh address of  Opposite Party No.2 as “House of Fitness Pvt. Ltd., 203-204, Second Floor, Building No.5, Local Shopping Complex, Derawal Nagar, Delhi-110009”, was given by the complainant (now Revision-Petitioner), during the pendency of the complaint, did not mean that it (House of Fitness Pvt. Ltd., 203-204, Second Floor, Building No.5, Local Shopping Complex, Derawal Nagar, Delhi-110009), was also arrayed as a party to the same (Consumer Complaint). Since, no Consumer Complaint was filed against “House of Fitness Pvt. Ltd., 203-204, Second Floor, Building No.5, Local Shopping Complex, Derawal Nagar, Delhi-110009, the order passed by the District Forum, in the said Consumer Complaint, could not be executed against it. 

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Pronounced.

3.3.2014

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

[DEV RAJ]

MEMBER

Sd/-

[PADMA PANDEY]

MEMBER

Rg