DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.255/2014

Mr. Abhinav Girdhar

R/o G-4, South Extn.-II,

New Delhi-110049                                                       …Complainant   

M/s Breathe Fitness Pvt. Ltd.

Through its Director

1A, Masjid Moth Extension,

Opposite Neeti Bagh,

Delhi-110049                                                          ….Opposite Party

                                                  Date of Institution      :     04.07.2014        Date of Order     :    18.09.2018

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Ms. Kiran Kaushal, Member

1. Briefly stated facts of the case are that:

The complainant, Mr. Abhinav Girdhar was member of a gym named M/s Breathe Fitness Pvt. Ltd. hereinafter referred to as OP. The complainant was a member of this gym since the last 3 years and was paying all dues towards its membership. In the year 2014 the complainant  was facing lot of problems in the gym  with regard to gym equipments, which was not fixed inspite of multiple reminders to the fitness trainer. On 20.04.14 when the complainant was working out  in the gym, while doing the dumbbell rowing under the supervision of gym trainer, the inclined benched suddenly snapped sending complainant  to fall forward  and cause severe injuries to him in his rib cage area, forearm, wrist and lower back. As the Complainant’s brother Mr. Rajat Girdhar was also present there he rushed to the complainant’s rescue.

1. The complainant averred that due to the injuries caused he was compelled to leave the gym of the OP to get his injuries treated. The complainant further states that he made a payment of Rs.80,752/- with Ozone Gym DLTA on 23th April for one year of fitness services where physiotherapists helped him treat the injuries and till date the complainant is wearing palm brace.  The complainant then asked the OP to refund his annual gym fee deposited by him but the OP did not do so. It is further averred that OP not only failed to provide satisfactory service to the complainant but also caused grievous injury to the complainant as he was unable to maintain the equipment of his gym. Therefore, it is alleged that OP is liable for deficiency in service and the complainant  filed the present complaint for the following reliefs:

1. OP be directed to refund the annual gym fee of Rs.22,000/- deposited by the complainant .
2. Complainant be compensated to the tune of Rs.2 lacs for the injuries suffered by the complainant.   
3. That cost of litigation as well as fees the counsel may also be awarded in favour of the complainant.

2.      Notice was duly served upon the OP but no one appeared on its behalf to contest the case of the complainant hence OP was proceeded exparte on 28.11.14.

3       The complainant filed exparte evidence by way of affidavit and written arguments.

4.      The complainant reiterates whatever is said in his complaint as well in his evidence by way of affidavit.

5.      We have heard the arguments on behalf of the complainant and have also gone through the file very carefully. 

6.      The complainant has supported his case by placing on record Annexure C1 that is the fee receipt of Rs.22,000/- to Breathe Fitness Pvt. Ltd.  Annexure- C2 is the proof of payment made to Ozone Gym DLTA. Legal notice and track reports are marked as Annexure C3.

7.      Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.

8.      On perusal of the record it is noticed that the complainant had paid the annual membership fee of Rs.22,000/- at the time of joining the OP’s gym.  On April, 2014 while working out in the gym and doing the dumbbell rowing under the supervision of gym trainer, the inclined benched suddenly snapped which led to grave injuries in his rib cage area, forearm, wrist and lower back. The complainant has not placed any medical record proving that the injuries were grave.

9.      OP being in the business of fitness training has kept machines & equipments in the gym. It is their duty to maintain the equipments and to ensure for safety and security of its members.  But in this case despite multiple reminders by the complainant about the mal-functioning of the equipment no heed was paid to his grievance by the OP.  Since OP was negligent and failed to do its duty that led to jeopardizing the life of the complainant.  Therefore, the complaint is partly allowed to the extent that the OP by not maintaining the equipment well in the gym is deficient in service.

10.    The complainant on the other hand, has not placed any medical record to show that there was grievous injury caused to him by snapping of the bench.  Further the complainant has paid the annual fee of Rs.22,000/- but has availed the facility for 3 first months of the year 2014.

11.    In view of the above discussion, this forum is of the opinion that OP is liable to pay Rs.15,000/- from the time of institution of the case till realization alongwith interest @ 6% within 30 days from the date of receipt of the copy of this order.

12.    Failing which OP shall become liable to pay the said amount of Rs.15,000/-  along with interest @ 9% p.a. from the from the time of institution of the case till realization. OP is also directed to pay Rs.10,000/- towards compensation for physical and mental agony of the complainant.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 18.09.18.