Tamil Nadu

South Chennai

CC/10/2015

M/s.K.N.Vikram - Complainant(s)

Versus

M/s.Abinaya Gym and Health Center, By its Manager Mr.Raja - Opp.Party(s)

T.K.M.Saikrishnan

18 Jul 2022

ORDER

                                                                              Date of Complaint      : 27.11.2014

                                                                            Date of Reservation     : 30.06.2022

                                                                             Date of Order                : 18.07.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                    THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                    THIRU. S. NANDAGOPALAN., B.Sc., MBA.,   : MEMBER II

 

CONSUMER COMPLAINT No.10/2015

MONDAY, THE 18^th DAY OF JULY 2022

K. N. Vikram,

No.4/29, VOC Main Road,

Kodambakkam,

Chennai – 600 024.                                                         ... Complainant               

 

..Vs..

Abinaya GYM and Health Center,

Represented by its Manager Mr. Raja,

No.84-A, 2^nd Floor, Vijayaradha Complex,

Sampoorna Avenue, Arcot Road,

Near Ram Theatre, Vadapalani,

Chennai – 600 026.                                                     ...  Opposite Party

 

******

Counsel for the Complainant          : M/s. T.K.M Sai Krishnan

Counsel for the Opposite Party       : M/s. S.Muthukumar

 

        On perusal of records and after having heard the oral arguments of the Counsel for the Complainant and the Counsel for the Opposite Party, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to pay a sum of Rs.50,000/- towards the deficiency of service and unfair trade practice committed by the Opposite Party and direct the opposite Party to pay a sum of Rs.5,00,000/- towards compensation for the mental agony caused by the Opposite Party, to pay Rs.10,000/- towards the cost, and to direct the Opposite Party to allow the Complainant to use all the equipment available in the Opposite Party’s Gym and Health Center.       

2.     The averments of Complaint in brief are as follows:-

The Complainant has joined Abinaya Gym and Health Centre during the year 2000. In the year 2002 the Opposite party had offered life member scheme at cost of Rs.5000/-. At that time, the Complainant was just a 1^st year student studying in a college. The Complainant had gathered all his pocket money and finally registered himself for life membership for gym and health centre of the Opposite Party. The Opposite Party had assured the Complainant that he need not pay for his entire life even if the gym and health centre is renovated, upgraded or adds new gym equipments.    Further assured by a letter of undertaking dated 29.05.2002 for a life time support. From the year 2004 the Complainant was irregular in visiting the gym due to his career, marriage and then other health issues. Since the Complainant was a life member the Complainant visited the Opposite Party gym and health centre on 04.10.2014, the Complainant was not allowed to enter the premises by the manager and coach who in turn instructed the Complainant to produce the Identity Card to verify the name and address, receipt of life membership and was not allowed even after producing the Driving License and embarrassed the Complainant in the presence of other members. The Complainant had made stupendous effort to trace the receipt of the life membership of the gym and health centre and visited the premises on 06.10.2014. The Manager finally agreed to allow the Complainant to enter the premises, but the manager had miserably failed to give the Complainant a warm and conducive reception and further failed to treat the Complainant with dignity. To add fuel on the burning fire, when the Complainant was running on the tread mill, the Complainant was stopped abruptly by the coach and the manager of the gym instructed the Complainant to pay extra money to make use of the cardio section which comprises of a motorized treadmills, electronic exercise cycles and elliptical equipment, etc. Inspite of the Complainant’s reiterating that almost all the equipment in the cardio section were already available at the time when the Complainant registered for a life member ship and the then manager in the year 2002 assured the Complainant that the management would not charge anything for life even if the gym upgrades, modifies or adds additional equipment, the manager and the coach of the gym and health centre refused to let the Complainant to continue his exercise. Frustrated by the act of the Opposite Party the Complainant asked the manager to give him a letter in writing that life members will have to pay extra for cardio equipment, but the manager of the Opposite Party refused to give anything in writing and insulted the Complainant in front of other gym members. The Complainant had to leave the premises with lot of insult, embarrassment and fear even after paying a huge sum of Rs.5,000/- in the year 2002 for life membership. From the above facts it is clear that the Opposite Party has not only adopted unfair trade practice and committed deficiency of service. Hence the complaint.

3.Written Version of the Opposite Party in brief are as follows:

     The case of the Opposite Party is that the Complainant joined the Abinaya Gym and Health Centre at Vadapalani branch in the year 2000 and became a Life Membership Card Holder in the year 2002. He was given a receipt for the payment of the life member subscription fee and an ID Card. It is an important condition that the member should produce his/her ID card.The terms mentioned in the admission form has been signed by the Complainant and he has accepted to the same. After long gap of time started to use the Gym at vadapalani Branch. The Complainant is said to have started his practice on 06.10.2014 and he has reported on that date at 7.15 am. He has entered his name in Serial No.23 of the members attendance register maintained in the centre. When he was asked to produce the ID Card, he obliged to produce during the next visit. On 06.10.2014 he practised fully and the staff believed that he will bring the ID card when he come to the Gym next day.  The Complainant has visited the Gym on 07.10.2014, on 08.10.2014. When the staff asked him to produce the ID card he did not produce the ID Card and gave some evasive answers. However his doing of exercise was not curtailed or barred by any one. On 09.10.2014, the Complainant entered his name in Serial No.28. On all four days he did not produce his Identity Card. The staff and supervisor of the Vadapalani Centre advised him to produce the Identity card but he failed to do so. The letter dated 29.05.2002 is not issued by the Opposite Party. The Opposite Party has a letterhead and it issues any letter in the letterhead. The Opposite Party does not use or has the practice of doing so as found in document 2 filed by the Complainant. All Life Members will be offered the services and there will not be any discrimination. Likewise there will not be any charge claimed for the use of sports equipments by the Life Members. There are monthly, quarterly, half yearly, and yearly renewal subscriptions of membership with Opposite Party. The only difference is that the LIfe Member needs to pay the life time subscription only once and there is no necessity for him to renew the Life Membership. The criteria and condition for the members to produce the Identity  Card on demand are one and the same. The Complainant has not come to the Gym on 05.10.2014 as claimed by him and he came only on 06.10.2014 and signed the register.  The contention that the Complainant had visited the Centre on 04.10.2014, the allegation that the Complainant was not allowed to enter into the premises by the Manager and Coach are denied as false and a blatant lie. The Complainant came to Centre on 06.10.2014, 07.10.2014, 08.10.2014 and on 09.10.2014. On all four day he has signed the members attendance register. He made use of the facility at the centre for four days without producing ID card and realizing that it is not possible for him to continue to do exercise, without producing ID Card he indulged in the quarrel and left the Centre. It is the general instruction given  by the Opposite Party to its staff to allow any member to permit for 2 or 3 days for doing exercise because some of them may not pay exactly on the renewal date or some of them will not bring the ID Card, in order to facilitate them to renew their Identity Card. The production of ID Card is a must to verify the authenticity of the membership of the concerned person. The Opposite Party is not having computerisation of the records. The allegation that the Complainant had visited the Opposite Party on 04.10.2014, that he was not allowed to enter into the premises is denied. The allegation that the Manager allowed the Complainant to enter into the premises, the Manager failed to treat him with dignity, the coach abruptly stopped the Complainant while he was running on the Treadmill, the Manager demanded extra payment of money for the use of the cardio section are all denied as false and frivolous. No such incident had taken place on 06.10.2014. Assuming for a moment that the Complainant was illtreated on that date, how he could have come to the Gym on three other dates. The Opposite Party has not done any act of Unfair trade practices or not committed any act of deficiency in service.  The Complainant has not stated about any legal notice sent to the Opposite Party on 14.10.2014 and 20.10.2014, but such documents are found in the typed set of papers. To the knowledge of the Opposite Party, they are not aware of any such registered post which were seemed to have returned as unclaimed by the Centre. The Gym opens every day at 5 a.m and closes by 9 a.m. The Gym is kept open throughout the day and functions all the days except on government declared holiday. When it is able to receive the notice from this Hon’ble Court, why not the notice or any correspondence addressed to it by anybody. So the theory put forth by the Complainant that the Opposite Party has not received the notice is only to tarnish the image of the Opposite Party. Therefore the Complaint is liable to be dismissed.

4.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-7  were marked.   

The Opposite Party submitted its Proof Affidavit and Written Arguments. On the side of the Opposite Party documents Ex.B-1 to Ex.B-3  were marked.

5.     Points for Consideration:-

1. Whether there is any deficiency of service on the part of the Opposite Party?

2.Whether the Complainant is entitled for the reliefs claimed?

3.To what other reliefs the Complainant is entitled to?

Point No.1:-

The undisputed facts are that the Complainant has joined the Opposite Party Abinaya Gym and Health Centre during the year 2000 at Vadapalani branch in the year 2000 and as per A-1  the Complainant became a Life Membership Card Holder in the year 2002 on payment of Rs.5000/- to the Opposite Party for which a receipt and an ID Card was given by the Opposite Party. The Complainant has admitted that from the year 2004 he was irregular in visiting the gym due to personal issues. Being a life member, the Complainant visited the Opposite Party on 04.10.2014, but he was not allowed to enter the premises and sought to produce the Identity Card to verify the name and address, receipt of life membership and was not allowed even after producing the Driving License and embarrassed the Complainant in the presence of other members. As pointed out by the Opposite Party  the members are required to produce the Identity  Card on demand . Further the Opposite Party contended that the Complainant has not come to the Gym on 04.10.2014 as claimed by him and he came only on 06.10.2014, 07.10.2014, 08.10.2014 and on 09.10.2014 and has signed the members attendance register as found in Ex.B-3. The contention of the Complainant that on 06.10.2014 the Manager allowed the Complainant to enter into the premises but the Manager failed to treat him with dignity, further the coach abruptly stopped the Complainant while he was running on the Treadmill, the Manager demanded extra payment of money for the use of the cardio section would not hold good because on successive dates i.e., on 07.10.2014, 08.10.2014 and on 09.10.2014 as per Ex. B-3, the Complainant  went to the Gym and had  signed the members attendance register. The Complainants right to use all the equipments as a Life member of the Opposite Party is not refuted by the Opposite Party and contended that no demand for extra payment was made to the Complainant for the use of Equipment nor he was asked to stop from coming or doing exercise. The Opposite Party had specifically contended that they would not charge for the use of equipments by the Life members. Hence this Commission hold that there is no deficiency of service on the part of the Opposite party.

Point Nos.2 and 3:-

Though this Commission holds that there is no deficiency of service on the part of the Opposite Party, the Complainant being a Life Member of the 2^nd Opposite Party and the Opposite party having admitted that the Complainant is a Life Member with no necessity to renew the Life Membership and will not be charged for the use of Equipments, the Opposite Party is directed to allow the Complainant to use all the equipments available in the Opposite Party’s Gym and Health Centre. The Complainant is not entitled for any other relief.

In the result the Complaint is allowed in part. The Opposite Party is directed to allow the Complainant, being a Life Member to use all the equipments available in the Opposite Party’s Gym and Health Centre. No cost.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 18^th of July 2022.

       

S. NANDAGOPALAN                                                 T.R. SIVAKUMHAR                                                       B.JIJAA

      MEMBER II                                                                  MEMBER I                                                            PRESIDENT

 

 

 

List of documents filed on the side of the Complainant:

Ex.A-1	-	Payment Receipt dated 21.05.2002
Ex.A-2	-	Letter dated 29.05.2002
Ex.A-3	-	Legal Notice dated 14.10.2014
Ex.A-4	-	Returned cover of the Legal Notice dated 14.10.2014
Ex.A-5	-	Legal Notice dated 25.10.2014
Ex.A-6	-	Returned cover of the legal notice dated 25.10.2014
Ex.A-7	-	Photocopy of Membership Card

 

List of documents filed on the side of the Opposite Parties:

 

Ex.B-1	21.05.2002	Admission form of the Complainant
Ex.B-2	-	List of Life Members with Opposite Party
Ex.B-3	-	Attendance register of the Opposite Party from 20.09.2014 to 15.10.2014

 

 

 

S. NANDAGOPALAN                                                       T.R. SIVAKUMHAR                                                   B.JIJAA

      MEMBER II                                                                        MEMBER I                                                       PRESIDENT