Chandigarh

DF-I

CC/94/2021

Pulkit Sachdeva - Complainant(s)

Versus

Athelonics Hybrid Gym - Opp.Party(s)

In Person

16 Jul 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

               

Consumer Complaint No.	:	CC/94/2021
Date of Institution	:	12/02/2021
Date of Decision	:	16/07/2021

Pulkit Sachdeva, aged about 28 years, son of Sh. V.K. Sachdeva, resident of H.No.1468, Sector 42-B, Chandigarh.

… Complainant

V E R S U S

1. Athelonics Hybrid Gym, SCO 146-148, Sector 43-B, Chandigarh, U.T, through its Proprietor/Authorized Signatory.
2. Arush Dhir – Authorized Signatory/Director of Athelonics Hybrid Gym, SCO 146-148, Sector 43-B, Chandigarh, UT.

… Opposite Parties

CORAM :	MRS. SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

         

ARGUED BY	:	Complainant in person
	:	OPs ex-parte

Per Surjeet Kaur, Presiding Member

1.      The allegations in brief are, in the month of December, 2019 the complainant was in search of a gym to avail fitness services and came across OP-1. OP-1 offered various lucrative offers and extended the annual subscription for a sum of ₹12,000/- which was accepted by the complainant.  The case of the complainant is, due to outbreak of novel Corona virus (COVID-19), in terms of the order dated 16.3.2020 of Govt. of India, the gyms were shut down and the same were subsequently re-opened w.e.f. 5.8.2020 only in pursuance to the press release dated 31.7.2020 of the Chandigarh Administration. The complainant remained under the bonafide belief that the period of membership would be extended for the period the gym facility remained closed i.e. almost five months. However, on 5.1.2021 the complainant received a phone call from the staff of OPs intimating him that his gym membership would expire on 10.1.2021 and in case he wishes to continue, he would have to renew the subscription. The complainant apprised the said person about the whole situation, but, to no avail.  Left with no alternative, the complainant immediately served a legal notice dated 8.1.2021 upon the OPs and sought refund. However, no response to the same was received from the OPs and, therefore, the complainant joined another gym i.e. Gold’s Gym at Mohali.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant consumer complaint.
2.     Registered notices were sent to the OPs which were presumed to have been served. Since none appeared on behalf of OPs, therefore, vide order dated 18.6.2021, they were ordered to be proceeded against ex-parte.
3.     Complainant led evidence by way of affidavit and documents.
4.     We have heard the complainant in person and gone through the record of the case. After perusal of record, our findings are as under:-
5.     The sole grouse of the complainant in the present case is that he paid an amount of ₹12,000/- to avail the annual membership of the OP Gym from 10.1.2020 to 10.1.2021.  However, due to spread of novel Corona virus (COVID-19) and the pandemic situation, the gyms etc. were closed under the directions of Chandigarh Administration in consonance with the guidelines issued by the Ministry of Health and Family Welfare (MoHFW), Government of India. Due to imposition of nationwide curfew/lockdown, the complainant could not avail the gym facility for 142 days and as the OPs did not extend the period of membership upon re-opening, he joined some other gym at Mohali. The complainant is seeking refund of the amount from the OPs for the period for which he could not avail the facility in their gym.
6.     Perusal of the order dated 29.7.2020 (Annexure C-3) clearly reveals that the Govt. of India, Ministry of Home Affairs issued guidelines on Unlock 3 and under clause 10 thereof it was directed that “Any person violating these measures will be liable to be proceeded against as per provisions of Section 51 to 60 of the Disaster Management Act, 2005, besides legal action under Section 188 of the IPC, and other legal provisions as applicable.” In our view, due to the lockdown and the guidelines issued from time to time, it was not possible for the OP/Gym to provide the promised facilities to the complainant. Undoubtedly, the complainant paid his hard earned money to the OPs for availing the benefits for one complete year, but, the facility could be availed by him for around 223 days only and he remained deprived of the same for 142 days due to spread of COVID-19 pandemic. However, the pandemic situation and the consequent lockdown/curfew certainly is an act of God and not a deliberate action on the part of the OPs, as the circumstances were beyond their control. As such, OPs cannot be faulted for the same.  However, in the interest of justice, we are of the view that despite the above, the OPs still could have offered the benefits of the membership to the complainant for the remaining period of 142 days, but, it failed to do so. Thus, we find that the present consumer complaint can be allowed to this extent only.
7.     In view of the above discussion, the present consumer complaint is disposed of with the direction that OPs shall immediately provide all the benefits/facilities of the membership to the complainant, or any of his family member, for the aforesaid period of 142 days. However, we refrain ourselves from passing any order granting compensation and costs in favour of the complainant.
8.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
16/07/2021	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member