COMPLAINTS FILED ON:29.12.2011
DISPOSED ON:05.07.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
5th DAY OF JULY-2012
PRESENT:- SRI. B.S. REDDY PRESIDENT
SRI.A.MUNIYAPPA MEMBER
COMPLAINT Nos.2384/2011
Complainant | C.S.Ravi, 49, Middle School Road, V.V.Puram, Bangalodre-560 004. Adv:Sri.Shridhar Prabhu V/s |
OPPOSITE PARTY | Chisel, Medifit Venture, No.36, N.R.Chambers, Opp.Cathedral School, Richmond Road, Bangalore-560 025. Placed Ex-parte. |
O R D E R
SRI. B.S.REDDY, PRESIDENT
The complainant filed this complaint in person seeking direction against the Opposite Party (herein after called as O.P) to refund the membership fee Rs.13,250/- on the allegation of deficiency in service on the part of the OP.
2. In spite of service of notice, Op failed to appear without any justifiable cause, hence placed ex-parte.
3. In order to substantiate complaint averments, complainant filed affidavit evidence and documents.
4. Arguments from complainant’s side heard.
5. We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of these materials it becomes clear that the complainant had paid an amount of Rs.13,250/- on 18.10.2010 to OP and became member of Op for making use of the gym viz., Chisel. The receipt evidencing the fact of payment is produced, the same is dt.18.10.2010, the membership start date is shown as 19.10.2010 and the same was valid till 19.12.2011. Op has closed the gym for renovation for the past 9 to 10 months. The complainant could not make use of the gym for which he had paid the membership fee. The complainant through e-mail requested OP to refund the amount of Rs.13,250/- as per e-mail dt.07.10.2011, 10,10,2011 & 28,10,2011 but OP has not responded for the same. When Op has received the amount towards membership, for the entire period Op should have provided the services of providing gym for the use of the complainant. Thus we are of the view that the act of Op in not completing the renovation and allowing the complainant for using the gym amounts to deficiency in service. The very fact of Op remained ex-parte leads to draw inference that OP is admitting the claim of the complainant. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and documents produced. The complainant is entitled for refund of the amount of Rs.13,250/- and litigation cost of Rs.2,000/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
Op is directed to refund an amount of Rs.13,250/- and pay litigation cost of Rs.2,000/- to the complainant.
This order is to be complied within four weeks from the date of its communication.
Send copy of this order to both the parties free of costs.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 5th day of JULY-2012.)
MEMBER PRESIDENT
Cs.
