Delhi

East Delhi

CC/217/2013

SANJAY KUMAR - Complainant(s)

Versus

COMPLETE FITNESS - Opp.Party(s)

25 Oct 2016

ORDER

                  DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no. -     217/2013

                                                                                                  Date of Institution      -      13/03/2013

                                                                                                  Order Reserved on              25/10/2016

                                                                                                  Date of Order            -           27/10/2016  

                                                                                                        

In matter of

Mr Sanjay Kumar Jain, adult

S/o – Sh S K Jain  

& Smt Vibha Jain, adult   

R/o-93 Bahubali Enclave 

Delhi 110092……....………..………………………………..……….Complainants

                                                                   

                                                                         Vs

M/s Complete Fitness Pvt Ltd   

Gold’s  Gym, 1,2,&3 Floor,

9 Dayanand Vihar, Delhi 110092……..…………………….Respondent

 

Complainant’s Advocate                             Ashu Jain

Opponent                                                      Ex Parte 

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari              Member                                                                                                   

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari, Member 

Brief Facts of the case                                                                                                

Complainants wanted to reduce their body weight quickly, so approached OP and getting maximum discount from OP, took one year membership and paid a sum of Rs 21,600 and Rs 15,300 vide receipt no. 764 and 765 on dated 15/03/2012 marked as CW1/1 & 2.  It was stated that complainants changed their mind not to join OP’s Gym, so asked OP to refund the membership paid by them through written letter dated 21/05/2012 marked as CW1/3 with postal receipt as CW1/4. OP assured them to refund the amount after nominal deduction of paper work as they have good ethics and goodwill in market. As OP did not refund the amount, so they sent a legal notice dated 30/01/2013 marked as CW1/5. So, complainants filed present complaint claiming refund of total amount paid to sum rs 36,900/- with 15 % interest and a compensation of Rs 50,000/- for harassment and litigation charges Rs 11,000/-

Notice was served. Mr Vishal Puri appears in person and complaint copy was received but did not file written statement nor put his appearance on subsequent dates. Case was preceded Ex Parte on 07/02/2014.

Complainant had to file their evidences on 27/03/2014, as none of the parties appeared, the case was dismissed in default on none prosecution. Complainant filed appeal before Honble State Commission and the complaint was restored in its original stage and directed complainant to appear before Ld Forum on 30/07/2014. Complainant filed their evidences on affidavit. OP did not file their evidences on affidavit. Arguments were heard from both the parties and order was reserved.

After perusal of all the facts and evidences on record in this complaint, it has been noticed that complainant had taken one year membership from OP and after taking maximum discount, paid the membership fee. Both did not attended the course. But after over two months, they changed their mind not to join the course at Gym. It is not clear whether complainants had availed any services from OP, as OP was Ex parte and did not submit any evidence in this regard, but OP had assured to refund the fee after deduction of their nominal charges applicable to them. Till the date of argument, OP did not refund the balanced amount. This amount to the deficiency in the service of OP.

Hence, we are the opinion that this complaint be allowed and pass the following order as under…

1. OP is directed to refund the balance amount after deducting maximum Rs 1000/- as their misc. charges, if applicable, within 30 days from the receiving of this order with 6% interest from the date of date of filing of this complaint till realization.
2. No other award in ref to compensation and litigation.

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

Mrs - Harpreet Kaur-  Member                                             (Dr) P N Tiwari - Member                                                      

 

                                       

                                          Shri Sukhdev Singh - President