BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.833/2015

DATED ON THIS THE 23^rd June 2017

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri DEVAKUMAR.M.C,

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act, 1986, against the opposite party, alleging deficiency in service and unfair trade practice and seeking a direction to pay Rs.5,00,000/- compensation for the loss of reputation, mental agony, hardship caused and Rs.2,50,000/- fine towards unfair trade practice and Rs.20,000/- for the cost and incidental reliefs.
2.     The complainant is a reputed and well known orthopaedic surgeon, attracted by the opposite party advertisement, regarding the fitness services offered, took the membership with opposite party since last three years and got renewed his membership by paying a sum of Rs.14,500/- for a period form 18.06.2015 to 17.06.2016.  The payment of membership renewal fee was acknowledged vide receipt dated 15.06.2015.  Noticing certain deficiencies in service provided, the same were brought to the notice of opposite party.  The complainant alleged that, the timings allotted to visit the GYM was changed without his consent, and was not allowed to use the wash room facility after the work out.  In turn, the opposite party alleged misbehaviour and not adhered to the stipulated rules.  Later the opposite party, arbitrarily terminated the membership, which has caused loss of reputation.  It was alleged that, without any attempts to cure the deficiencies quoted, the complainant terminated his membership, amounts to deficiency in service and unfair trade practice, which has caused mental agony and hardship.  Hence, filed the complaint, seeking reliefs.
3.    The opposite party filed its version denying the allegations as false, claimed the complaint is not maintainable.  The opposite party admitted themselves as GYM and submits the complainant on satisfying the terms and conditions, obtained the membership voluntarily. 
4.      It is true that, the complainant availed services of opposite party for the last three years and got renewed his membership and acknowledged the payment vide a receipt.  There were no deficiencies as alleged.  The change of GYM timings, without any intimation has been denied as false.  The termination of membership as arbitrary decision is denied.  The opposite party denies the allegation of deficiency in service and unfair trade practice as false and the same made only to spoil the reputation and to make unlawful gain only.  As such claimed that, the complainant is not entitled for any reliefs and prays for dismissal of the complaint.
5.    To establish the facts, the complainant led evidence by filing affidavit and relying on several documents.  The opposite party filed its affidavit and placed certain documents.  Opposite party filed written arguments.  Heard the oral submissions of both counsels. Perusing the material on record, matter posted for orders.
6.     The points arose for our consideration are:-

1. Whether the complainant establishes the deficiency in service and unfair trade practice by the opposite party, in not providing healthy environment in the GYM premises and arbitrary termination of his members and thereby entitled for the reliefs sought?
2.  What order?

7.    Our findings on the aforesaid points are as follows:

Point No.1 :- In the negative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

8. Point No.1:- The complainant obtained the membership with opposite party and availed the health services since last three years.  He got renewed his membership by paying Rs.14,500/-, valid for the period from 18.06.2015 to 17.06.2016.  Complainant noticed certain deficiencies in quality of services and leakage of roof, water spillage, dirty floor etc., were brought to the notice of the opposite party, as they cause serious health hazards.  He was also not permitted to change cloths, not allowed to use wash room facility after work out at the GYM premises.  The staff (receptionist) behaved very badly,and terminated the membership, which caused damage to the reputation of the complainant. Hence, the aggrieved complainant filed the complaint and sought for the reliefs.
9. The opposite party contended that, the complainant had approached them, and impressed upon by the services rendered, took the membership voluntarily about three years back and periodically got renewed the same.  The complainant enjoyed the services rendered without any complaints, had raised objections, started behaving against the terms and conditions of the opposite party GYM and made several allegations to defame the reputation of the GYM.
10. Since the complainant violated the conditions, the opposite party decided to terminate the membership.  Thereby, the opposite party contended that, they have not committed any deficiency in service and are not indulged in any unfair trade practice in favour of the complainant.  As such, prayed for dismissal of the complaint.
11. Admittedly, the complainant had enjoyed the opposite party services since last three years, without any allegations and deficiency.  As such, got renewed his membership for the subsequent period.  The complainant never experienced any kind of deficiency or arrogant behaviour from any of the staff members of opposite party.  However, the complainant raised certain objections in respect of the maintenance of the GYM and other objections with respect of usuage of the wash room facility etc., are made without any material evidence.  So, we opine that the complainant failed to establish the allegations against the opposite party.  As such, the complainant is not entitled for any reliefs sought.  Accordingly,   the point No.1 is answered in the negative.

12. Point No.2:- In view of the above observations, we proceed to pass the following

:: O R D E R ::

1. The complaint is hereby dismissed.

2. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 23^rd June 2017)