Chandigarh

DF-I

CC/546/2017

Mrs. Renu Bedi - Complainant(s)

Versus

M/s Burn Gym & Spa Pvt. Ltd. - Opp.Party(s)

Gaurav Bhardwaj

14 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/546/2017
Date of Institution	:	25/07/2017
Date of Decision	:	14/11/2017

 

                       

Mrs. Renu Bedi w/o Shri Pradeep Bedi r/o H.No.1041, Sector 21-B, Chandigarh.

                                ...  Complainant.

VERSUS

1. M/s Burn Gym & Spa Pvt. Ltd., through its Managing Director, SCO Nos.62 & 63, Sector 8-C, Chandigarh.
2. Pankaj Kasrija, Managing Director, M/s Burn Gym & Spa Pvt. Ltd., SCO Nos.62 & 63, Sector 8-C, Chandigarh.
3. Raj Mahan Gupta, Additional Director, M/s Burn Gym & Spa Pvt. Ltd., SCO Nos.62 & 63, Sector 8-C, Chandigarh.

…. Opposite Parties.

 

CORAM :	MRS.SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                                       

ARGUED BY	:	Sh. Gaurav Bhardwaj, Counsel for complainant
	:	Ms. Bhanvi Sood, Counsel for OPs (OPs already ex-parte)

 

Per Surjeet Kaur, Presiding Member

1.         The facts of the consumer complaint, in brief, are that the complainant was a member of the OP gym and she had already paid the membership fee for one year upto 17.7.2017. In the month of September, 2016, the OPs told the complainant that the Gym was being renovated to provide world class facilities.  Being allured by the OPs, the complainant deposited Rs.17,000/- in advance on account of the membership fee for the period from 2.8.2017 to 1.8.2018. However, in month of October, 2016, the complainant observed that there was acute deterioration of services/facilities provided to the members and as such she was not interested to continue the membership w.e.f. 2.8.2017 to 1.8.2018 and requested the OPs to refund the membership fee of Rs.17,000/- paid in advance, but, to no avail. The complainant also got served a legal notice dated 13.6.2017 upon the OPs to which she received a reply dated 11.7.2017 wherein they were trying to evade their liability to refund the membership fee. Alleging that the aforesaid act amounts to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant consumer complaint.
2.         OPs did not appear despite due service, therefore, they were proceed ex-parte vide order dated 18.9.2017.
3.         The complainant led evidence in support of her contentions. 
4.         We have gone through the record and heard the arguments addressed by the learned Counsel for the parties.
5.         It is evident from Annexure C-1, coupled with the affidavit of the complainant, that she paid Rs.17,000/- to the OPs in advance on 26.9.2016 for availing the facilities in their gym from 2.8.2017 to 1.8.2018.  The sole grouse of the complainant is that in the month of October 2016, the complainant observed the acute deterioration of the facilities provided to the members by the OPs and, therefore, she felt that she may discontinue the membership w.e.f. 2.8.2017 to 1.8.2018 and requested the OPs to refund the membership fee of Rs.17,000/-.  However, the OPs, despite service of legal notice dated 13.6.2017 (Annexure C-2), did not pay any heed to the request of the complainant and rather gave a vague reply (Annexure C-6) to the same.
6.         OPs did not appear to contest the claim of the complainant and preferred to proceed against ex-parte.  This act of the OPs draws an adverse inference against them.  The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant.  Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7.         A perusal of Annexure C-1 reveals that the complainant had already paid an amount of Rs.17,000/- in advance to the OPs for availing the facilities at their gym from 2.8.2017 to 1.8.2018.  We are of the view that there is nothing wrong if the complainant requested for refund of advance paid by her due to acute deterioration of the services provided by the OPs as she was already a member with them. Hence, the act of the OPs in non-providing proper services to their members and non-refunding the advance payment on the request of the complainant in case of her dissatisfaction towards their services proves deficiency in service and indulgence in unfair trade practice on their part which certainly caused mental and physical harassment to her.
8.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed. The OPs are directed as under:-
   1. To immediately refund the amount of Rs.17,000/- to the complainant.
   2. To pay Rs.7,000/- to the complainant as compensation for mental agony and harassment caused to her;
   3. To pay to the complainant Rs.5,000/- as costs of litigation.
9.         This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 9% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
14/11/2017	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member