Chandigarh

DF-I

CC/81/2021

Ujjal Singh - Complainant(s)

Versus

Athelonics Hybrid GYM - Opp.Party(s)

Jasdeep Singh

07 Dec 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/81/2021
Date of Institution	:	05/02/2021
Date of Decision	:	07/12/2021

 

Ujjal Singh s/o Onkar Singh Namdhari r/o 197, Sector 21A, Chandigarh 160022.

… Complainant

V E R S U S

Athelonics Hybrid Gym, SCO 146-148, Main Road, Sector 43B, Chandigarh, 160043 through its owner.

… Opposite Party

 

CORAM :	SHRI RAJAN DEWAN	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

 

                                               

ARGUED BY	:	Sh.Saurav Sharma, Vice Counsel for Sh.Jasdeep Singh, Counsel for complainant
	:	OP ex-parte.

 

Per Rajan Dewan, President

1.      The facts in brief are that on 4.3.2020 the complainant enrolled himself for the membership of the OP gym and paid the amount of ₹8,000/-. However, due to outbreak of COVID-19 pandemic the Central Govt. declared lockdown in India on 24.3.2020. The Chandigarh Administration directed closure of the gyms which were allowed to be reopened on 5.8.2020 only. The complainant vide email dated 24.3.2020 intimated the OP to freeze the membership. After upliftment of lockdown when the gyms etc. were resumed, the complainant approached the OP gym but he was told that the membership had expired. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OP, the complainant has filed in the instant consumer complaint.
2.     Registered notice sent to the OP was returned with the report ‘refused’. Since refusal is valid service and none appeared on behalf of the OP, therefore, vide order dated 16.11.2021, it was proceeded against ex-parte.
3.     Complainant led evidence by way of affidavit and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case.
5.     As per the case of the complainant, he availed the membership of the OP gym on 4.3.2020.  Ex.C-1 is the copy of the transaction history of the complainant showing the payment of ₹8,000/- made to the OP gym on 4.3.2020 which was also acknowledged by the OP through SMS (at page 7) whereby his membership code was mentioned as 4279.  Per complainant, due to spread of COVID-19 pandemic and imposition of nationwide lockdown by the Govt. of India, he requested the OP to freeze his membership and in this regard also wrote email dated 24.3.2020 (Ex.C-2) to the OP.  However, despite that, after upliftment of the lockdown when the complainant went to resume the gym, he was told that his membership had expired. 
6.     In order to rebut the allegations of the complainant, it was imperative for the OP to have filed its written reply alongwith some cogent evidence. However, what to talk of rebutting the allegations, OP refused to receive notice, failed to put in appearance before this Commission and chose to be proceeded against ex-parte. This act of the OP draws an adverse inference against it and proves that it has nothing to say in its defence qua the allegations made by the complainant. In the absence of anything to the contrary, the allegations of the complainant go unrebutted and uncontroverted.
7.     A perusal of record clearly reveals that the complainant could not avail the services of the OP gym due to spread of COVID-19 pandemic and imposition of subsequent lockdown/curfew as per the directions issued by the Govt. of India.  No doubt, OP cannot be faulted for the same, but, still since the circumstances were beyond the complainant’s control as well, we are of the opinion that OP should have allowed him the benefit of the unavailed period of the gym and that would have redressed the grievance of the complainant there and then, but, the OP failed to do so.  The service provider/OP cannot be allowed to keep the money without providing any services to the consumer i.e. the complainant. Therefore, we are of the opinion that in doing so, the OP certainly indulged in deficiency in service and the present consumer complaint deserves to be partly allowed by directing the OP to allow the benefit of unused period of the membership alongwith some compensation.
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed as under :-

1. To allow benefits of the membership of the gym to the complainant for the unused period.
2. to pay an amount of ₹500/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹500/- to the complainant as costs of litigation.

9.     This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amount mentioned at Sr.No.(ii) above, with interest @ 9% per annum from the date of this order, till realization, apart from compliance of remaining directions.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

		Sd/-	Sd/-
07/12/2021		[Surjeet Kaur]	[Rajan Dewan]
hg		Member	President