BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

                                                                   Complaint  No.388 of 2018

                                                                   Date of Instt. 21.09.2018

                                                                   Date of Decision: 23.09.2019

1.       Babban S/o Anil Dham R/o 57-B, Model House, Jalandhar, MOB:98720-71900.

2.       Shubham Bathla S/o Ashok R/o 50-B, Model House Jalandhar.

3.       Rohit Sharma S/o Mohinder Kumar R/o 10-B, Model House, Jalandhar.

                                                                             ..........Complainants

Versus

1.       F360 GYM, 269, Lajpat Nagar, Guru Nanak Mission Chowk, Jalandhar-144001 Through its Proprietor.

2.       Amarjit Mob:78373-60360 Manager/Incharge F360 GYM, 269, Lajpat Nagar, Guru Nanak Mission Chowk, Jalandhar-144001.

3.       Chandan Main Trainer of F360 GYM, 269, Lajpat Nagar, Guru Nanak Mission Chowk, Jalandhar-144001.

                                                                           ….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Sh. Karnail Singh              (President)

                              Smt. Jyotsna                      (Member)

Present:         Sh. H. S. Sandhu, Adv. Counsel for the Complainants.

                              Sh. Arjun Bahri, Adv. Counsel for the OPs No.1 & 2.

                    OP No.3 not summoned.

Order

                             Karnail Singh (President)

1.                The complainants have filed jointly this complaint and stated therein that the OP is running the Gym in Guru Nanak Mission Chowk on Top Floor, Opp. Petrol Pump, Jalandhar. The complainants approached the OP in the month of February, 2018 for getting training and doing exercise in body building field in the Gym of OP. The concerned employee of Gym assured the complainants that no personal trainer is required to be taken by the complainants by giving some extra charges and the general trainer of the Gym would take care of them and will give them proper training. It was also assured that the cross fit machine would be taken by the Gym very soon and it would be very helpful for training purpose. The Gym is situated in 5 Marlas only and it was not told by the OP that they have near about 1000 members. The complainant joined on 16.02.2018 and the receipts of payment of Rs.16,000/- each was given by the OP, which is attached. After joining the Gym, the complainant came to know that near about 1000 members of Gym are there and there is no proper space and use of machines due to heavy rush. All the machines remain busy most of the time and the complainants does not get their turn to exercise.

2.                That the cross fit machine which was assured by the OP at the time of admission of complainants has not yet come. The general trainer did not take care of the complainants and on asking the employee of Gym said the complainants have to take personal trainer at a monthly cost of Rs.7000/- each. It was assured by the OP that the membership is transferable and after seeing the conditions in Gym, the complainant No.1 took one person with him in the Gym to show him the Gym and to transfer his membership on 12.08.2018 along with Sunil S/o Kasturi Lal, but the Gym Manager and employees did not allow even to enter in the Gym and did Dhakka Mukki and Gali Galauch with the complainant No.1 and Sunil. The matter was reported to P. S. Division No.6, Jalandhar City and the OP came to Police Station and apologized. The OP did cheating with the complainants by claiming the facts which are not in existence in the Gym and by saying the things which they do not fulfill. Moreover, their behavior in the Gym is also not proper towards the complainants and they have cheated and defrauded the complainants and allured the complainants by telling wrongs facts and by doing wrong premises which they never had the intention to fulfill. This is clear cut deficiency in service on the part of the OPs and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to return the amount of Rs.16,000/- each taken from complainants i.e. total Rs.48,000/- alongwith interest to the complainants and further, OPs be directed to pay compensation to the complainants, to the tune of Rs.25,000/-.

3.                     Notice of the complaint was given to the OPs and accordingly, both the OPs appeared through its counsel and filed joint written reply, wherein took a plea that the instant complaint is not maintainable and even no cause of action accrued to the complainants to file the present complaint. It is further averred that the complainants suppressed the material facts from the Forum and as such, the complaint under reply is liable to be dismissed at this very score. As a matter of fact that as per the agreed terms and conditions of membership of OPs F360 Gym, the membership deposited by the member after admitting its terms and conditions, both the parties are bound by the above said terms. The complainant violating the terms and conditions of membership enter into Gym premises alongwith some unknown persons. When the staff of the Gym requested them not to enter into Gym premises, they started pressurizing the house-keeping staff to provide steam bath. The Gym staff requested the complainant that guest without permission as per the terms of the membership are not allowed to take steam bath etc. then the complainants openly threatened the gym staff and thereafter, the matter was reported to P. S. Division No.6, Jalandhar. Now, the complainants moved false and frivolous complaint with malafide intention to harass the OPs and just to defame the reputation of Gym. It is further alleged that the complainants are barred to file the present complaint because of their own acts and conducts, hence no relief can be granted to the complainant. On merits, it is admitted that the complainants got membership of the Gym of the OP, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

4.                OP No.3 which was found not a necessary party and the same was not summoned in this complaint.

5.                Rejoinder not filed. Both the parties produced on the file their respective documents just to establish their respective allegations.

6.                We have gone through the written arguments of the complainants as well as heard the learned counsel for the OPs and also scanned the case file very minutely.

7.                After considering the over all allegations of the complainants, we find that the complainants got a membership of the Gym of OP in the month of February, 2018 after paying the requisite fee and thereafter, filed the instant complaint on 21.09.2018, means after about 7 months of the getting of the membership of the said Gym. It is clear from the receipt that a membership is valid for one year from 16.02.2018 to 16.02.2019. We find that if the allegations of the complainant are virtually in existence at the time of getting membership, then why the complainant did not approach to the OPs immediately and why a legal notice was not served to the OPs for not providing proper service, which shows that the complainants have been enjoying the facility of the Gym for about 7 months i.e. from 16.02.2018 to 21.09.2018 and thereafter, filed the instant complaint on the oral allegations, which are not supported by any other evidence, which gave understanding to this Forum that the allegations of the complainant are not true, rather the story propounded by the OPs No.1 and 2 seems to more genuine and correct one, if there was no proper services provided by the OPs since the day of getting membership of the Gym, then the complainants have to approach to any authority and furthermore, the complainants themselves stated in the complaint that they took one person with them in the Gym to show the Gym and this version of the complainants is corroborated to the story propounded by the OPs that complainants were forcing to the employee of the OPs to provide steam bath etc. to the said person, who is not the member of the Gym and when the said services were not provided to the non-membership person, then this instant complaint has been filed.

8.                In the light of above detailed discussion, we find that the allegations made by the complainants are not supported by any effective evidence and thus, we find no substances in the complaint of the complainants, therefore, the same is dismissed with no order of cost. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work. 

9.               Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                                     Jyotsna                                Karnail Singh

23.09.2019                            Member                              President