Punjab

Ludhiana

CC/23/275

Konark Sharma - Complainant(s)

Versus

M/s Anytime Fitness - Opp.Party(s)

Piyush Sharma

14 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 275 dated 12.07.2023.                                                        Date of decision: 14.12.2023. 

 

Konark Sharma Son of Shri Manoj Sharma, Resident of House No.165, Mall Enclave, Civil Lines, Ludhiana. Mob. 9888979900.                                                                                                                    ..…Complainant

                                                Versus

1. M/s. Anytime Fitness, F-14/1A, 3^rd Floor, Aggarwal Dharamshala Marg, Model Town, Phase 2, New Delhi-110009.
2. Anytime Fitness Gym, B/19/400/2, 2^nd & 3^rd Floor, Rani Jhansi Road, Civil Lines, Ludhiana-141010, through its Branch Manager.                                                                                          …..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Konark Sharma in person.

For OPs                          :         Exparte.

 

ORDER

PER JASWINDER SINGH, MEMBER

 

1.                Shorn of unnecessary details, the facts of the case are that Sh. Ankit Kumar, a close friend of the complainant was a member of OP gym by availing annual membership for one year. Sh. Ankit Kumar further availed membership of the OPs for his two sisters on which he was granted benefit of one month add on membership. According to the complainant, the membership of Ankit Kumar was transferrable and freezable, which he offered to transfer the same to the complainant. On 31.12.2022, al the formalities for transfer of membership were full filled and necessary documents were executed with attending official Mr. Krishna, Sales Manager of Anytime Gym who demanded Rs.2500/- from the complainant as transfer fee. The complainant further stated that he paid Rs.2500/- to Mr. Krishna in cash but no receipt was issued on the pretext that it will take 24 hours time for completion of process. Mr. Krishna handed over entry card of Ankit Kumar to the complainant by applying fluid/whitener over the name of Ankit Kumar and wrote name of the complainant. He also told that the membership will be updated within 24 hours and he will visit the gym after 24 hours. However, the after the transfer of membership, the complainant had been regularly visiting gym from three months and allowed entry in the gym by tapping the card and his identity was being checked regularly on his visits. The complainant was allowed uninterrupted entry into the gym on transfer of membership in his name. The complainant further stated that he many times demanded receipt from Mr. Krishna, Sales Executive of the OP but he lingered on the matter on one pretext or the other and told that there is no need for any formal receipt as the complainant has been allowed hastle free entry.

                   The complainant further stated that on 04.04.2023, the official of the OPs did not allow him to enter the gym on the pretext that his membership has been expired due to expiry of 12 months. The complainant requested that as he is entitled for one month extended membership as he has been granted benefit of extension of one month into his membership due to addition of two additional members but the officials of the OP including Ms. Sharanpreet Kaur, Sales Executive flatly refused to provide benefit of one month extended membership of the complainant on the pretext that there is no mention into their computerized record about extended membership of one month. Even the complainant along with Mr. Ankit Kumar visited the premises of OP and told re Ms. Sharanpreet Kaur about issue of one month extended membership and requested to discuss the matter with Mr. Krishna, who told that it is Mr. Krishna who has instructed not to entertain the complainant and Ankit Kumar and refused to listen anything. However, when the complainant requested the officials of the OPs for availing extended membership by paying requisite amount then the officials of OPs told  him that as per their record, complainant is not a transferee of membership and there is no mention of payment of Rs.2500/- as transfer fee. Rather membership is still in the name of Ankit Kumar. On conversation with Mr. Krishna on phone but he refused to entertain the complainant by saying that the complainant is not their customer as membership was not transferred in their records. When the complainant requested Mr. Krishna regarding payment of RS.2500/- then he demanded receipt from the complainant. Moreover, Ms. Sharan misbehaved with the complainant in presence of Sh. Ankit Kumar, Advocate. The OPs have committed act of deficiency in service and unfair trade practice due to which the complainant has suffered mental pain, agony, harassment etc. The complainant got issued a legal notice dated 19.04.2023 upon the OPs through Sh. Piyush Sharma, Advocate to which the OPs furnished a false reply dated 25.04.2023. In the end, the complainant has prayed for issuing direction to the OPs to provide benefit of extended membership and to transfer the membership into his name in the records of the OPs. The complainant also claimed compensation of Rs.25,00,000/- besides litigation expenses of Rs.21,000/-.

2.                Upon notice, none turned up on behalf of the OPs and as such, the OPs were proceeded against exparte vide order dated 26.09.2023.

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated her averments of the complaint. The complainant also placed on record Ex. C1 is the copy of legal notice dated 18.04.2023, Ex. C2 and Ex. C3 are the postal receipts, Ex. C4 is the copy of ID card of the complainant issued by the OPs, Ex. C5 is the copy of text message dated 25.03.2022 regarding membership of Ankit, Ex. C6 is the copy of text message dated 19.04.2022, Ex. C7, Ex. C9 is the copy of snapshot, Ex. C8 is the copy of text message dated 21.04.2022, Ex. C10 is the copy of legal notice dated 25.04.2023 and closed the evidence.            

4.                We have heard the counsel for the complainant and also gone through the complaint, affidavit and documents annexed by the complainant.

5.                The complainant, a subsequent transferee and holder of annual membership rights which were originally allotted to his close friend namely Ankit Kumar, has raised a grievance with regard to refusal on the part of the OPs to provide the benefits of its extended period of membership to the complainant. The OPs in their reply Ex. C10 to the legal notice Ex. C1 issued by the complainant have admitted the status of the complainant as transferee of the rights of Ankit Kumar. The OPs have also admitted the receipt of transfer fee of Rs.2500/- from the complainant but they have denied the exercise of restraint on the complainant for enjoying the facilities in the grace period of one month. From the pleadings and affidavit on record, it is crystal clear that the complainant has stepped into shoes of the original allottee Ankit Kumar and he was entitled to enjoy all the facilities during the period of one year and thereafter, for grace period  one month. Further the exparte evidence lead by the complainant gone unrebutted and the averments made by the complainant are construed to be true. Therefore, the OPs are guilty of rendering deficient services. .

6.                There is another aspect of the case that the OPs did not provide the complainant the receipt of transfer fee of Rs.2500/-. As per Section 2(47) (vii) of the Consumer Protection Act non issuing bill or cash memo or receipt for the goods sold or services rendered amounts to adoption of unfair trade practice. Under these circumstances, it would be just and appropriate if opposite parties directed to pay a composite costs of Rs.10,000/- to the complainant.

7.                As a result of above discussion, the complaint is partly allowed exparte with direction to the OPs to pay a composite costs of Rs.10,000/- (Rupees Ten Thousand only) to the complainant within 30 days from the date of receipt of copy of order, failing which the complainant shall be held entitled to interest @8% per annum on the said amount from the date of order till its actual payment. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                     President         

 

Announced in Open Commission.

Dated:14.12.2023.

Gobind Ram.