House of Fitness Private Ltd., 203-204, IInd Floor, Building No.5, Local Shopping Complex, Derawal Nagar, Delhi-110009

……Appellant

V e r s u s

1.     Gaurav Kohli, House No.1372, Sector 33-C, Chandigarh.

…..Respondent no.1

2.     Anytime India Fitness Private Ltd., Floor Eastern Wing,Service dispensed with, vide order dated 09.12.2013).

…..Respondent no.2

3.     Anytime Fitness India, 6^th Service dispensed with, vide order dated 09.12.2013).

…..Respondent no.3

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

    This appeal is directed against the

“In view of the foregoings, we are of the opinion that the complainant has proved his case. Therefore, the complaint stands allowed. The OPs are directed to refund Rs.8491/- to the complainant. They are also directed to pay a sum of Rs.5,000/- towards compensation and litigation costs. The liability of the OPs shall be joint and several.

This order be complied with by the OPs, within a period of 30 days from the date of receipt of copy of this order, failing which they shall be liable to pay the above total awarded amount of Rs.13,491/- along with penal interest @12% per annum from the date of filing of this complaint i.e. 07.3.2013 till its actual payment”.

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“This is to inform to our privileged Anytime India Fitness members that we are Re-opening all our centers from 7^th

13.        -Opposite Party No.2. Deficiency, in rendering service, if any, was on the part of Opposite Party No.1, and not on the part of Opposite Party No.2, with which, the complainant had no privity of contract. Neither the enrollment and

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Pronounced.

January 20, 2014

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

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(DEV RAJ)

MEMBER

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(PADMA PANDEY, MEMBER)

MEMBER

RG