Haryana

Panchkula

CC/277/2015

VIKAS MITTAL. - Complainant(s)

Versus

BROTHERS GYM & SPA. - Opp.Party(s)

COMPLAINANT IN PERSON.

16 Feb 2016

ORDER

BEFORE  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.             

                                                                  

Consumer Complaint No	:	277 of 2015
Date of Institution	:	14.12.2015
Date of Decision	:	16.02.2016

                                                                                          

Vikas Malik, Advocate s/o Sh.R.K.Malik, R/o Flat No.402, GH-93, Sector-20, Panchkula.

                                                                                          ….Complainant

Versus

 

Brothers Gym and Spa through its owner Mr.Rajan, SCO No.403, Sector-20, Panchkula.

                                                                                        ….Opposite Party

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

                             Mr.S.P.Attri, Member.

 

For the Parties:     Complainant in person. 

Op already ex-parte.

ORDER

(Dharam Pal, President)

 

1. The complainant has filed this complaint against the Op with the averments that in the month of January, 2015, the OP announced to open a well equipment gym with all facilities in Sector-20, Panchkula and assured to provide many facilities to the new customers as per their broacher if they want to grab the pre-launch offers. They also highlighted the various facilities in the broacher to attract the new customers/members. After seeing the broacher, the complainant visited at the gym of the Op which was under construction and the Op assured the complainant that it was the best gym in the Panchkula and no other gym was providing such facilities which they would give to their customers and it would be opened very soon. The complainant paid the amount of Rs.20,000/- on 20.01.2015 (Annexure C-1) to get the platinum membership in which all facilities were provided to the complainant by the OP. The staff of the gym assured the complainant that in the month of February, 2015, there would be a grand opening of the Brothers Gym and the Op would invite all the platinum holder’s members. In the month of February, 2015, the complainant approached the Op but the construction work of the gym was going on and the staff of the Op assured that in the month of March, 2015, the gym would be opened. Thereafter, the complainant called the OP but they again requested the complainant that due to some difficulties the opening date of the gym had been extended and it would be opened in April, 2015. The OP told the complainant that the complainant is an initial member & a platinum holder member of the gym and the staff would invite him on the opening of the gym but the complainant has not received any call from the Op. In the month of April, 2015, the complainant visited the gym and was surprised to see that the gym was working since many days back and the OP did not invite the complainant on opening of the gym. In the month of April, 2015, the complainant joined the gym but there were no facilities available as promised by the OP. The complainant complained regarding the facilities and the OP assured that they would complete all the facilities within a month but all in vain. In the month of July, 2015, the complainant asked from the owner of the gym about the facilities as promised by him who requested the complainant that he was unable to provide all the facilities and he would refund the full amount to the complainant as compensation of harassment. The Op gave a cheque of Rs.3,000/- to the complainant with the assurance that the rest amount would be given very soon. In the month of September, 2015, the complainant demanded the balance amount from the owner of the gym who assured that he would refund the amount soon but till the filing of complaint nothing has been given to the complainant. Though after opening the gym, the OP had reduced the platinum membership fees from Rs.20,000/- to Rs.9,000/- and Rs.10,000/-. The Op has also failed to provide the qualified trainer to the complainant after repeated requests. The Spa of the gym was also not in a working position. The staff was also not cooperative with the members of the gym. There were no inner or outer activities as promised by the gym management. Even also, many exercise’s equipments in the gym were old and many important equipments were still not available in the gym. This act of the opposite party amounts to deficiency in service on its part. Hence, this complaint.
2. Notice was issued to the Op through registered post which has been received back with the report of refusal and none has appeared on behalf of the Op after effecting service. The Op was proceeded against ex-parte vide order dated 21.01.2016.
3. The complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-3 and closed his evidence.
4. We have heard complainant appearing in person and have also perused the record.
5. It is evident that the complainant paid the amount of Rs.20,000/- on 20.01.2015 (Annexure C-1) to get the platinum membership in which all facilities were to be provided by the Op as mentioned in the broacher. The staff of the gym assured the complainant that in the month of February, 2015, there would be a grand opening of the Brothers Gym and the Op would invite all the platinum holder’s members but the gym was opened in the month of April, 2015 and the complainant was also not invited in the opening of the gym. In the month of April, 2015, the complainant joined the gym but there were no facilities available as promised by the OP. The complainant complained the Op regarding the facilities and he was assured that they would complete all the facilities within a month but all in vain. In the month of July, 2015, the complainant again asked about the facilities as promised by the Op who requested the complainant that the Op was unable to provide all the facilities and would refund the full amount to the complainant as compensation of harassment. The Op gave a cheque of Rs.3,000/- to the complainant with the assurance that the rest amount would be given very soon. In the month of September, 2015, the complainant demanded the balance amount from the owner of the gym who assured that he would refund the amount soon but till the filing of complaint nothing has been given to the complainant. Though after opening the gym, the OP had also reduced the platinum membership fees from Rs.20,000/- to Rs.9,000/- and Rs.10,000/-. The Op has also failed to provide the qualified trainer and the Spa of the gym was also not in a working position. The staff was also not cooperative with the members of the gym. There were no inner or outer activities as promised by the gym management. The complainant has also filed his duly sworn affidavit (Annexure C-A).
6. Moreover, the Op did not appear to contest the claim of the complainant and preferred to proceed against ex-parte, which draws an adverse inference against it. The non-appearance of the Op despite notice show that it has nothing to say in its defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. As such, the same are accepted as correct and deficiency in service on the part of the Op is proved.
7. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The Op is directed as under:-

(i)      To refund the balance amount of Rs.17,000/- (Rs.20,000/- - Rs.3,000/- already paid by cheque) to the complainant alongwith interest @ 9% per annum from the date of deposit till realization.

(ii)     To pay an amount of Rs.2,000/- as compensation for mental agony, harassment and cost of litigation.

                 Let the order be complied with within the period of 30 days from the receipt of certified copy of this order.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

 

Announced

16.02.2016       S.P.ATTRI          ANITA KAPOOR        DHARAM PAL

                           MEMBER         MEMBER                     PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

                                          

                                                         DHARAM PAL

                                                          PRESIDENT