Chandigarh

DF-II

CC/563/2017

Ms. Pritika Bedi - Complainant(s)

Versus

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

Gaurav Bhardwaj Adv.

21 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	563/2017
Date of Institution	:	25.07.2017
Date of Decision	:	21.11.2017

 

                                       

                                               

Ms.Pritika Bedi d/o Sh.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 No.62 & 63, Sector 8-C, Chandigarh.

 

2. Pankaj Kasrija, Managing Director, M/s Burn Gym & Spa Pvt. Ltd., SCO No.62 & 63, Sector 8-C, Chandigarh.

 

3. Raj Mahan Gupta, Additional Director, M/s Burn Gym & Spa Pvt. Ltd., SCO No.62 & 63, Sector 8-C, Chandigarh.

…. Opposite Parties.

 

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by: Sh.Gaurav Bhardwaj, Adv. for the complainant

                    OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         Brief facts of the case, as alleged by the complainant, are that she is a member of the OPs-Gym. In month of September, 2016, the OPs told the complainant that the Gym was being renovated to provide world class facilities.   She had already paid the membership fee for one year upto 17.07.2017. Being allured by the OPs, she further deposited Rs.17,000/- in advance on account of the membership fee for the period from 18.07.2017 and 17.07.2018. However, in month of October, 2016, she 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. 18.07.2017 till 17.07.2018 and made a request to the OPs to refund the membership fee of Rs.17,000/- paid in advance  but to no effect. Finally, she got served a legal notice dated 13.06.2017 upon the OPs to which she received reply dated 11.07.2017 wherein they were trying to evade their liability to refund the membership fee. According to the complainant, non-refund of the membership fee amounts to deficiency in service and unfair trade practice on the part of the Opposite Parties. Hence this complaint.
2.         Despite due service through registered post, the Opposite Parties failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 14.09.2017.
3.         We have heard the Counsel for the complainant and gone through the documentary evidence on record.
4.         In her exparte evidence, the complainant has filed her sworn affidavit reiterating the averments as made in the complaint.  Annexure C-1 is the receipt dated 27.09.2016 vide which the complainant had deposited a sum of Rs.17,000/- through cheque in advance towards membership fee for period from 18.07.2017 to 17.07.2018.   The complainant has also deposed in her affidavit that she requested the OPs to refund the membership fee as she does not want to continue the membership of the OPs-Gym due to the deterioration of the services and facilities being provided by the OPs.  The complainant has got served a legal notice upon the OPs but they refused to refund the membership fee  on the ground that she could use the services of the gym for the period she had paid the membership fee. In our considered view, the complainant cannot be forced to avail the services of the OPs against her wish and consent. Non-refund of the membership fee despite repeated requests of the complainant and receipt of the legal notice certainly amounts to deficiency in service as also indulgence into unfair trade practice on the part of the OPs.
5.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The opposite parties are directed as under ;-

1. To refund Rs.17,000/- received on account of the membership fee to the complainant.
2. To pay a sum of Rs.2,500/- as compensation for mental agony and physical harassment.
3. To pay Rs.5,500/- as litigation expenses.

6.         This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) and (ii) shall carry interest @9% per annum from the date of the order till its actual payment besides payment of litigation costs.
7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

21.11.2017 

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER