Haryana

Panchkula

CC/91/2016

VISHAL DEEP. - Complainant(s)

Versus

GOLD'S GYM. - Opp.Party(s)

SANDEEP BHARDWAJ.

08 Aug 2016

ORDER

BEFORE  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.             

                                                                  

Consumer Complaint No	:	91 of 2016
Date of Institution	:	22.04.2016
Date of Decision	:	08.08.2016

                                                                                          

Vishal Deep S/o Sh.Vinod Kumar, R/o House No.987, Sector-16, Panchkula.

                                                                                        ….Complainant

Versus

 

1.       Gold’s Gym, Livestrong Health and Fitness Pvt. Ltd., Regd Office:- 25, Central Market, Gill Road, Ludhiana through its Director/Managing Director/authorized representative.

2.       Gold’s Gym, Livestrong Health and Fitness Pvt. Ltd., Branch Office:- 1^st and 2^nd Floor, SCO-10, Sector-16, Panchkula through its Director/Managing Director/authorized representative.

                                                                                        ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

                             Mr.S.P.Attri, Member.

 

For the Parties:     Mr.Sandeep Bhardwaj, Adv., for the complainant. 

Ops already ex-parte.

ORDER

(Dharam Pal, President)

 

1. The complainant has filed this complaint against the Ops with the averments that on 28.02.2015, the complainant availed the membership in the gym of the Ops due to wrong advertisement of their services being the better than the other health clubs and also paid Rs.15,000/- for one year (Annexure C-1) as he was told that he would be provided Gym Cardio, Steam and Shower, 1 Bag plus Tower Set, 1 BCA Test Complimentary 4-5, Fitness Test, Workout Card, Diet Chart and Travel Card etc (Annexure C-2).The complainant was also informed that Mr.Sandeep would be his fitness manager and also informed about timing of gym as Mon-Sat 6:00 AM to 10:30 PM and Sun 6:00 AM to 2:00 PM. The last Saturday would be closed. On 01.04.2015, the complainant left for U.S.A. and before leaving, he requested the Ops to provide him a travel card so that he could use the facility of gym for 14 days in any country in the world but the Ops failed to give him any travel card inspite of informing the fact that the complainant had to use the gym for exercise to maintain his thigh muscles for the upkeep of knee as the same had been operated in 2005 for reconstruction of the ligament and exercise was necessary for the same. The complainant sent the Ops email dated 16.05.2014 for providing the travel card but to no avail. Thereafter, the complainant joined the gym of Ops and found that all the assurances of the Ops were false and the facilities were not provided as promised by them. The complainant complained many times to Ops but to no avail. As per the gym policies, the Ops did not allow the complainant to use the shoes which were imported and proper sport shoes saying that shoes are not sport shoes as per the gym policies. They wanted to humiliate the complainant infront of other members as the complainant was complaining about the shortcomings in the services of the Ops. The Ops sent an email dated 02.11.2015 to the complainant which was duly replied and also informed the Ops about not being aware of the policies as no policy documents had been supplied. The complainant also requested the Ops to refund the amount paid by him (Annexure C-7).In the evening, the complainant again visited the gym of Ops but they did not provide any positive response to him. On 07.11.2015, the Ops sent an email (Annexure C-9) through their vice president and assured for solution shortly but to no avail. In the month of January, 2016, the complainant was unable to open the door as the bio-mat machine did not allow as the system was not uploaded. The complainant requested the employee of Ops to open the door who told the complainant to have discussion in mid-month and the complainant sent a mail dated 17.03.2016 to the Ops informing them about their assurances of clearing all the pending commitment. The Ops again called the complainant for meeting vide mail dated 18.03.2016 but nothing was done by the Ops and the complainant again sent a mail dated 18.03.2016 which was replied by the Ops and informed him that they could not change past but could change present and create future which was nothing but a good quote of some lyrists. The complainant again sent a mail dated 18.03.2016 to settle his grievances but nothing was done as the Ops were aware that the membership of the complainant was expiring on 31.03.2016. This act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.
2. Notice was issued to the Ops through registered post but none has appeared on behalf of the Ops. It is deemed to be serviced and the Ops were proceeded against ex-parte vide order dated 31.05.2016.
3. The complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-3, C3/1, C-4 to C-16 and closed the evidence.
4. We have heard learned counsel for the complainant and have also perused the record.
5. It is evident that the complainant paid Rs.15,000/- vide receipt dated 28.02.2015 to get one year membership of Ops’ gym (Annexure C-1) and he was told to be provided Gym Cardio, Steam and Shower, 1 Bag plus Tower Set, 1 BCA Test Complimentary 4-5, Fitness Test, Workout Card, Diet Chart and Travel Card etc. as per Annexure C-2. Further the complainant was informed that Mr.Sandeep would be his fitness manager and also about the timing of gym as Mon-Sat 6:00 AM to 10:30 PM and Sun 6:00 AM to 2:00 PM. The last Saturday would be closed. The grievance of the complainant is that the Ops did not give any facility as assurances by them which mentioned in Annexure C-2. The complainant requested the Ops to provide him a travel card as he was to be left for U.S.A. on 01.04.2016 so that he could avail the facility of gym in any country in the world but the Ops failed to give him travel card inspite of informing the Ops about the health of complainant as he needed exercise to maintain his thigh muscles for the upkeep of knee which had been operated in 2005 for reconstruction of the ligament. After joining the gym, the complainant found that all the assurances of the Ops were false and the facilities were not provided as promised by them. The complainant complained the Ops many times about the gym policies. The complainant also requested the Ops to refund the amount paid by him (Annexure C-7). The complainant sent a mail dated 18.03.2016 which was replied by the Ops. The complainant again requested the Ops through mail dated 18.03.2016 to settle his grievances but nothing was done as the Ops were aware that the membership was expiring on 31.03.2016. The complainant has also filed his duly sworn affidavit (Annexure C-A).
6. Moreover, the Ops did not appear to contest the claim of the complainant and preferred to proceed against ex-parte, which draws an adverse inference against them. The non-appearance of the Ops despite notice show that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. As such, the same are accepted as correct and deficiency in service on the part of the Ops is proved.
7. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The Op is directed as under:-

(i)      To refund Rs.15,000/- to the complainant.

(ii)     To pay an amount of Rs.5000/- as compensation for mental agony, harassment.

(iii)    To pay an amount of Rs.5000/- as cost of litigation.

                 Let the order be complied with within the period of 30 days from the receipt of certified copy of this order failing which the Ops shall pay the interest @ 9% per annum at serial No.i and ii from the date of filing of complaint till realization.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

 

Announced

08.08.2016       S.P.ATTRI          ANITA KAPOOR        DHARAM PAL

                         MEMBER           MEMBER                     PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

 

                                          

                                                         DHARAM PAL

                                                          PRESIDENT