DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 353/2016
D.No.__________________________ Dated: _________________
IN THE MATTER OF:
KAMAL KISHORE BAWEJA,
S/o LATE SH. BAL KISHAN BAWEJA,
R/o 9-C, POCKET-C, PHASE-III,
ASHOK VIHAR, DELHI-110052. … COMPLAINANT
Versus
MENT E SOUL FITNESS PVT. LTD.,
(THROUGH THE CHAIRMAN/M.D.),
B-2/22, ASHOK VIHAR, PH-II,
NEW DELHI-110052. … OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 10.03.2016
Date of decision: 21.05.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against the OP under Section 11 of the Consumer Protection Act, 1986 thereby alleging that on 12.08.2015, the complainant deposited a sum of Rs.14,000/- with OP and for the services of Gym and Spa for a
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period of one year vide receipt no. R/DMSA/2016-2016/620, service tax registration No. AAGC M355 6NSD001, Reg. No. RG/DMSA/2015-2016/611. That the date of maturity was 13.08.2016 (services were valid for one year and can be extended if member does not resume the services in any situation for a longer period) and the complainant approached the office of OP on 28.11.2015 as informed by other members, as it was closed on account of construction and renovation for approximately three months and the complainant was not informed (01.09.2015 to 20.11.2015) but the staff of OP on pretext of selling the centre to some other party denied the services to the complainant and asked for double the initial amount of Rs.30,000/-. The complainant further alleged that the complainant found the earlier owner nowhere seeking immediate help which was not sorted out even by lodging a complaint at police station to SHO, ACP, DCP individually but the complainant has neither been paid his dues till date nor was he allowed to resume the services. The complainant further alleged that the complainant only resumed the services for one month and fifteen days out of the year and OP has inflicted enormous amount of mental agony, harassment, humiliation and financial loss.
2. On these allegations the complainant has filed the present
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complaint praying for direction to OP to pay the amount of Rs.14,000/- alongwith interest @ 18% as well as compensation of Rs.10,000/- for causing mental harassment and agony. The complainant also sought of Rs.1,000/- towards cost of litigation and also sought Rs.5,000/- towards cost of advocate and consultation.
3. Notice was issued to OP through speed post for appearance on 27.04.2016, 04.07.2016 & 16.08.2016 but none for OP appeared despite service of notice on 14.07.2016 as per track report and as such the OP was proceeded ex-parte vide order dated 17.10.2016.
4. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant placed on record copies of receipt/membership no. B/DMSA/2015-2016/495 dated 11.08.2015 for a sum of Rs.10,000/- & Rs.4,000/- deposited on 12.08.2015 which are issued by OP and copies of complaints dated 29.01.2016 and 06.02.2016 lodged by the complainant to P.S. Ashok Vihar, Delhi.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. It appears that even after receiving various communications from the complainant and even legal notice and notice from this forum of this
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case, the OP has kept mum and has not bothered to answer the case of the complainant. Moreover, it shows that OP has no defence at all in its favour. It further shows that OP has charged an amount of Rs.14,000/- from the complainant for providing services of Gym & Spa for a period of one year i.e. from 12.08.2015 to 12.08.2016 and as per the case of the complainant the Gym & Spa of OP was found closed on the morning of 01.09.2015 for construction & renovation work for a period of more than 2 months and was found re-opened from 21.11.2015 and the complainant was demanded another amount of Rs.30,000/- for utilizing the services. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
6. Accordingly, OP is directed as under:
i) To refund to the complainant the proportionate amount of Rs.13,000/- which was paid by the complainant to OP.
ii) To pay to the complainant an amount of Rs.5,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.5,000/- towards litigation costs.
7. The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the
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date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 21st day of May, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY-SATYENDRA JEET
