Date of Filing : 20.01.2011
Date of Order : 25.07.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 25th JULY 2011
PRESENT
Sri. S.S. NAGARALE, B.A., LL.B. (SPL) …. President
Smt. D. LEELAVATHI, M.A., LL.B. …. Member
COMPLAINT NO. 119 / 2011
B.R. Anand,
S/o. B.H. Ramaiah,
Aged about 40 years,
R/at: Flat No. 7C, Garden Homes,
Aga Abbas Ali Road,
Bangalore – 560 042. ……. Complainant
V/s.
M/s. Fitness First India Pvt. Ltd.,
Having its office and Gym at
Eva Mall, Brigade Road,
Bangalore – 560 001.
Rep. by General Manager …… Opposite Party
ORDER
(By the President Sri. S.S. Nagarale)
This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986.
Brief facts of the case are that Complainant has become a member of the OP. It was of 18 months plan with minimum commitment of 8 months. OP has collected 17 post-dated Cheques from the Complainant out of which 4 cheques have been encashed by the OP of Rs.2,564/- each. Without any sufficient reason, OP has not allowed the Complainant to enter into the Club and thereby OP violated terms & conditions of the agreement. Therefore, there is deficiency of service on the part of the OP. Complainant has undergone mental tension and suffered humility. Complainant issued notice to OP calling upon to allow him to enter into the Club and participate in the Fitness exercises. OP had also agreed to provide Laptop to the Complainant as sales promotion scheme which has also not been provided. Therefore, OP is liable to provide Laptop to the Complainant as per agreement. Hence, complainant prayed that OP be directed to allow him to enter into the Club & participate in the Fitness Programme, to provide Laptop and award damages of Rs.10,000/- & cost.
2. OP has filed version admitting that complainant had given 17 post-dated Cheques of Rs.2,564/- each to the OP towards payment of monthly dues of the Club membership out of which OP could encash only 4 cheques and remaining 13 cheques were lost by the OP. Hence, Complainant was asked to update his payment like credit card details to the OP so that monthly dues could be debited through credit card. But, the Complainant refused to provide credit card details or new mode of payment of monthly fees of membership. Complainant did not give his credit card details or new mode of payment. Hence, OP was bound to cancel the membership as per the terms & conditions. Therefore, OP prayed to dismiss the Complaint.
3. Arguments are heard. I have gone through the pleadings of the parties and the documents produced.
4. Complainant who is present in person has accepted and agreed that even now he is ready to give 13 cheques as per the terms of the agreement and requested that OP be directed to allow him to enter into Club and participate in the Fitness Programme. This submission of the Complainant is quite fair, just & reasonable. There is absolutely no deficiency or any violation of the terms & conditions on the part of the Complainant. Complainant has not committed any mistake. It is the OP who had lost the post-dated Cheques given by the Complainant. Therefore, OP was unable to encash the cheques and get the membership fees. It is not the mistake or fault on the part of the Complainant. On the other hand, OP has committed deficiency of service in loosing / misplacing the cheques from their custody, for that Complainant cannot be held responsible. Complainant cannot be forced to give credit card details or any other mode of payment of monthly fees of membership. The Complainant is ready and willing to give 13 post-dated Cheques to the OP. This offer of the Complainant shall have to be accepted. OP should accept 13 Cheques and allow the Complainant to participate in the Fitness programme and complete the course. Complainant is a consumer under the definition of the C.P. Act. Consumer Protection Act is a social and benevolent legislation intended to protect better interest of the consumers. Complainant being a consumer under the C.P. Act, his interest shall have to be protected by passing the order in his favour. OP will not be put to any loss or prejudice if the Complainant is allowed to enter into the Club and participate in the Fitness programme on giving 13 post-dated cheques. It is not the case of the OP that Cheques have not been honoured, the 4 Cheques have been regularly honoured. So, under these circumstances, why OP should demand or insist for other alternative mode of payment or credit card details from the Complainant. This demand of the OP is wholly unreasonable & unjust and such demand cannot be accepted at all. Complainant has definitely proved deficiency of service on the part of OP.
5. Complainant has prayed for grant of compensation for mental agony and hardship. Since there is no proper proof of mental agony, we have not considered granting of compensation for mental agony. We asked the Complainant to give-up the relief of compensation since he will be attending Fitness programme with the OP Club in order to maintain good harmonious relationship. It is better not to insist for grant of compensation. To this suggestion, Complainant promptly agreed and accepted. The third prayer of the Complainant is in respect of providing Laptop by the OP. This is covered by the letter of OP itself. OP will have to provide Laptop to the Complainant as per their commitment and agreement for joining 18 months Fitness Programme. Complainant has submitted that he has not received the Laptop. If it is so, OP shall have to be directed to provide Laptop to the Complainant under sales promotion scheme. In the result, I proceed to pass the following:
ORDER
Complaint is allowed. OP is directed to allow the Complainant to enter into the Club and participate in the Fitness Programme. The Complainant has to give 13 post-dated Cheques of Rs.2,564/-each to the OP as per his commitment. OP is further directed to provide Laptop as per commitment.
Send copy of this Order to both the parties free of cost immediately for compliance.
Pronounced in the Open Forum on this 25th day of July 2011.
Order accordingly
PRESIDENT
We concur the above findings
MEMBER MEMBER
SSS
