| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No.25 of 17.1.2019 Decided on: 30.1.2023 Preet Mohinder Singh, aged about 36 years, son of S.Balkar Singh, resident of A-1, Ekta Nagar, Near DMW, Patiala. …………...Complainant Versus - F-360 Gym, 113, Urban Estate, Phase-II Market, above Van Heusen, Patiala through its Manager/Owner/Regional Head.
- Gaurav Vij, Regional Head-Sales and Operation, F-360 Gym, 113, Urban Estate, Phase-II Market, above Van Heusen, Patiala.
- F360 Gym Ltd., Registered Office:A-11, Orchid Towers, Yamuna Nagar, Lokhandwala, Andheri West , Mumbai-400058 through its Managing Director.
…………Opposite Parties Complaint under the Consumer Protection Act QUORUM Hon’ble Mr.S.K.Aggarwal, President Hon’ble Mr.G.S.Nagi,Member PRESENT: Sh.G.S.Kalra, counsel for complainant. OPs No.1&3 ex-parte Sh.Gurpreet Singh, counsel for OP No.2. ORDER - The instant complaint is filed by Preet Mohinder Singh (hereinafter referred to as the complainant) against F-360 Gym (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
- The averments of the complainant are as follows:
That in the month of February,2018, the complainant approached OP No.1 for joining the Gym and deposited Rs.20,000/- on 5.2.2018 for two years membership with the OPs through his card of SBI. The OPs issued membership No.M-268 and ID No.10636042 to the complainant. Friend of complainant namely Jagdeep Singh also joined the gym of the OPs on 7.2.2018 and made payment of Rs.20,000/- to the OPs through credit card of the complainant. Complainant and his friend started coming to gym of OP No.1 for gym training and exercise but the OPs failed to conduct physical test, took measurements of body of the complainant etc. Not only this the machinery/equipments of the gym were of inferior quality but also trainers of OP No.1 were untrained. The complainant requested the OPs to show certificate of trainers of gym but they failed to do so. In the month of July, 2018, being dissatisfied with the services provided by the OPs complainant requested them for the refund of the amount. He also served legal notice dated 10.9.2018 upon the OPs, in this regard but of no avail. As such , OPs failed to fulfill any promise made by them, which amounts to deficiency in service on their part, which caused mental agony andharassment to the complainant. Consequently, prayer has been made for acceptance of the complaint. - Notice of the complaint was duly served upon the OPs, but they failed to come present and were accordingly proceeded against ex-parte. Lateron OP No.2 appeared through counsel and filed an application for setting aside exparte proceeding passed againstit, which was dismissed vide order dated 10.5.2019.However, the applicant/OP No.2 was permitted to join the proceedings onwards without filing any written reply or evidence.
- In the ex-parte evidence, ld.counsel for the complainant has tendered in evidence,Ex.CA, affidavit of the complainant, Ex.C1 copy of statement of account of credit card,Ex.C2 copy of membership card,Ex.C3 copy of legal notice,Exs.C4 &C5 postal receipts.
- We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
- The relief sought for by the complainant is that the OPs may kindly be directed to tender unconditional written apology and also to refund the amount of Rs.20,000/- to him.
- The perusal of the record shows that the complainant joined the gym of OPs having deposited the amount of Rs.20,000/- on 5.2.2018, as is evident from detailed statement, Ex.C1.In this regard, the OPs have also issued membership card, Ex.C2 to the complainant. The allegation of the complainant is that the OPs did not fulfill their promise as assured by them through social media and other advertisements. The allegation of the complainant as well as the evidence adduced by the complainant remained unrebutted as the OPs have failed to come present and to contest the case of the complainant. Therefore, we deem it appropriate to allow the complaint partly.
- In view of our above opinion, the complaint is allowed partly and the OPs are directed to refund the amount of Rs.20,000/- to the complainant alongwith compensation of Rs.5000/-within a period of 30 days from the date of the receipt of certified copy of this order.
- The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
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G.S.Nagi S.K.AGGARWAL Member President | |
