| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 284 of 5.8.2019 Decided on: 10.9.2020 Jagdeep Singh, aged about 38 years, son of S.Taran Singh, resident of Chinar Bagh, 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
- F-360 Gym Ltd., Registered Office:A-11, Orchid Towers, Yamuna Nagar, Lokhandwala,Andheri West, Mumbai-400058, through its Managing Director.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member ARGUED BY For the complainant: Sh.Baljinder Singh, Advocate For OPs: Ex-parte ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Jagdeep Singh (hereinafter referred to as the complainant) against F-360 Gym and others (hereinafter referred to as the OP/s),under the Consumer Protection Act,1986(hereinafter referred to as the Act).
- Briefly the case of the complainant is that after going through the advertisement of OPs in the month of February,2018, he approached OP No.1 at Patiala for joining the Gym, on which OP No.1 induced him that it provide best Gym services to the customers and promised/assured that the machinery/equipments in the gym are of superior quality/world class quality and further promised that the measurements/physical test of body of complainant will be conducted by the certified trainers and qualified dietitian so as to test the body for planning gym training and for planning his diet plan and daily exercise card will be issued in the name of the complainant.
- It is further submitted that by the inducement of the OPs, friend of complainant namely Preet Mohinder Singh son of S.Balkar Singh, resident of # A-1, Ekta Nagar, Patiala, joined the said gum and on the recommendation of Preet Mohinder Singh, the complainant also joined the said gym and deposited Rs.20,000/- on 7.2.2018 for two years membership with the OPs through credit card of SBI of his friend Preet Mohinder Singh. The OPs issued Membership No.M-281 and ID No.10705248 to the complainant. Thereafter complainant and his friend Preet Mohinder regularly came to the gym of OP No.1 for gym training and exercise but inspite of repeated requests, the OPs did not conduct physical test or took measurements of body. Neither diet chart nor daily exercise card was prepared.
- It is further submitted that the machinery/equipments of gym was very inferior in quality. Most of trainers of OP No.1 were untrained, uncertified and were incapable in rendering training to the customers, due to which the complainant sustained muscular injured and intolerable pain. The complainant complained about it. He also requested the OPs for showing the certificate of trainers of gym but all in vain. The complainant being not satisfied with the services of the OPs requested for the refund of the amount deposited by him but the OPs flatly refused to refund the same. The act and conduct of the OPs shows deficient in service on their part which caused mental agony and inconvenience to the complainant. Hence this complaint with the prayer for giving direction to the OPs to tender unconditional written apology to the complainant ; to refund Rs.20,000/- alongwith interest @18% per annum; to pay compensation of Rs.50,000/-on account of mental agony, tension, harassment, inconvenience and humiliation and also to pay Rs.10,000/- as costs and litigation expenses.
- Notice of the complaint was given to the OPs but none appeared. Consequently they were proceeded against exparte on 24.10.2019.
- In ex-parte evidence, the complainant has tendered his affidavit, Ex.CA and he deposed as per the versions made in the complaint. He also tendered Ex.C1 copy of statement of credit card, Ex.C2 copy of membership card and closed the evidence.
- The complainant also filed the written arguments. We have gone through the same, heard the ld. counsel for complainant and also gone through the record of the case, carefully.
- It was incumbent upon the OPs to appear before the Commission to give their version of the complaint in question. It is clear from the unrebutted evidence that the service rendered by the OPs was unsatisfactory. Copy of membership card, Ex.C2 shows that member number of Jagdeep Singh10705248.
- The ld. counsel for the complainant has argued that the machinery of the gym was inferior in quality and the trainers were untrained and were incapable in rendering service. So it is clear that the service rendered by the OPs was unsatisfactory. The OPs did not appear to rebut the same. Accordingly the complaint is allowed and the OPs are directed to refund Rs.20,000/- to the complainant alongwith interest @6% per annum from filing of the complaint i.e.5.8.2019 till its realization.Rs.5000/-also assessed as costs to be paid by the OPs to the complainant.
Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order. ANNOUNCED DATED: 10.9.2020 Vinod Kumar Gulati Jasjit Singh Bhinder Member President | |
