Punjab

Fatehgarh Sahib

RBT/CC/666/2018

Nitish Khullar - Complainant(s)

Versus

Oxizone Fitness Spa Zirakpur - Opp.Party(s)

Sandeep Kumar Verma

25 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                                    COMMISSION

                                FATEHGARH SAHIB

 

RBT No.

:

RBT/CC/666/2018

   

ConsumerComplaint no.

:

CC/666 /2018

   

Date of Institution

:

27/06/2018

Date of Decision

:

25/05/2023

   

 

Nitish Khullar son of Sh.V.K. Khullar care of Khullar Car Point Opp. Sethi Dhabba, Zirkpur Tehsil Dera Bassi  District Mohali. Punjab  

                                                             …………....Complainant

                                        Versus

 

  1.  Oxizone Fitness Spa Zirakpur head office S O No.156-157, Sector 34 Chandigarh through its owner Dr. Simer Kaur.
  2. Dr. Simer Kaur owner of Oxizone  Fitness Spa FF 19-23, Apple’s  Height, VIP  Road, Zirakpur Sub  Tehsil Zirakpur , Tehsil Dera Bassi and District Mohali.

                                                           ……....... Opposite Parties

Complaint under Section 12 to 14 of Consumer Protection Act 1986(Old)

Quorum

Sh. S.K.Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

Present: None  for complainant.

     Sh.Tarunjit Singh Grewal, Counsel for OPs no.1and 2.

     OP no.3 deleted vide order dated 22.01.2019

 

 The complaint has been filed against the OPs (opposite parties)  under Section 12 to 14 of Consumer Protection Act-1986(old) alleging deficiency in service with the prayer to give directions to the OP no.1 and 2  to  pay Rs.20,000/- charged from complainant  along with interest @ 18%   , to  pay Rs1,00,000/- as compensation for harassment, mental agony and to pay Rs.55,000/- as litigation expenses to the complainant .

  1.  The brief facts of the complaint are that the Ops  are into the business of running a fitness and Spa centre whereby providing facilities for maintaining good by way of well equipped machines and medical experts in the vicinity  of Zirakpr, Punjab. The complainant approached the OP no.2 for availing service of the gym at Zirakpur  .  It was represented that there is a team of medical professionals to provide proper guidance to maintain good health.  The complainant was  fascinated and got into the trap of the Ops  and  joined the gym of the Ops.  The complainant was allotted membership no.171170 for a period of 14 months with effect from  28th November, 2017.  For the said service , a sum of Rs.12,000/- (inclusive GST) for a period of 14 months was paid and receipt of Rs.11,500/- was issued . But no receipt was issued for said payment of Rs.500/- paid by the complainant.  At the time of membership , it was assured that one common trainer will guide how to do exercise in daily routine and how to operate the machines in the gym. After joining the gym, the complainant found that no such common trainer was there to guide him  and some health training machines were not working in proper order. As  such the complainant had asked the Ops that common trainer is not attending the complainant and  even the machines were not working properly.  The complainant was told by Ops that the complainant has to avail the services of a personal trainer in order to do proper exercises and to learn how to operate said machines. The complainant had left with no other option but to opt for availing the services of a personal trainer and accordingly he had availed personal training package ( Rs.24000/- for 3+1 months) by paying a sum of Rs.8000/- in advance. The complainant had opted for morning session from 7:30 AM to 9:00 A.M and one Mr. Gurpeet was appointed as trainer.  But said trainer had never attended the complainant properly  and he failed to provide proper training due to his non-availability for the complainant as he remained busy in attending other clients and  sometimes he remained absent for 3-4  days in week.   Even  two Cross Trainer Machines , two cycles and one treadmill machine  were not working  since the day the complainant became member of the gym and as such many times the complainant was unable  to use other machines due to more customer than machines available. The  team of medical professional had never looked after , checked up  or guided the complainant to maintain good health.  The complainant made various  complaints at the reception  but the OPs had refused to get the machines repaired, to call medical team and also refused to ask the trainer to pay attention to the complainant. They  refused to refund the fees charged from the complainant. A legal notice was also sent  but neither of the Ops were bothered to reply back. Hence this Complaint.
  2. Notice of the complaint was given to the OPs through registered Post.  OP no.1 and 2 appeared through his Counsel  and filed  written version. OP no.3 was deleted vide order dated 22.1.2019.
  3.  The complaint has been contested by the OP  no.1 and 2 and  filed written version by raising various preliminary and legal objections.  It is contested that the complainant made a payment of Rs.12,000/- as membership fees and allotted the membership no.171170 w.e.f 28.11.2017. No complaint has ever made by anyone including the complainant also to the Ops till date ,  the machines are working  perfectly fine with normal  wear & tears of daily routine.  If the complainant  was having  any  problem with the functioning of the Machines then why he opted for the personal training instead of asking for the cancellation of his membership.  Even the common trainers are well qualified and no such  complaint was ever received as they gave proper assistance to everyone.  The Ops having approx. 300 members out of which only 10 members  are having personal training with their free will as it is not a practice adopted by the OPs to force for the personal training to their members.  There is a notice board in  fitness centre as well as receipt issued to the complainant  that for any complaint/suggestions/feedback , kindly E-mail At
  4. In support his complaint , complainant has tendered affidavit and copies of documents along with complaint i.e Ex.C1 receipt dated 28.11.2017 Ex.C2 legal notice, ExC3,Ex.C4 and Ex.C5  postal receipts.
  5. In rebuttal , the Ops has tendered in evidence affidavit of Dr. Simar Kaur Ex.OPW1/A , Ex.OP1 receipt dated 28.11.2017 , Ex.OP2 bill/Cash memo, Ex.OP3 copy of notice board regarding  writing grievances and feedback and closed their evidence.
  6. Admittedly , the complainant joined Oxizone fitness gym , Mohali. He paid Rs.12,000/- for a period of 14 months . A receipt of Rs.11,500/- was issued on 28.11.2017 vide Ex.C1 and balance amount of Rs.500/- was paid on 29.11.2017 vide Ex.OP2.   His membership no. is 171170. The main  grouse of the complainant is that he is not  satisfied with the services of the gym like machines are not working properly and trainer is not there to guide him.
  7. From the perusal of the record , It transpires that oral statement can not substitute evidence  especially when it was incumbent upon the complainant  to produce the evidence on which his plea is  based. So mere  saying is not sufficient .  It is well established law that what is alleged that  must be proved on record. The complainant  can not stake his claim merely on conjectures and surmises. It is thus, held that complainant has failed to prove his complaint. We do not find any merit in this complaint and the same is hereby dismissed with no order as to costs. 

The complaint could not be decided within the statutory period due to due to pandemic of Covid-19. Copy of this order be sent to the complainant and the OPs as per rules. File be sent back to District Consumer Disputes Redressal Commission, Mohali, for consignment .

Pronounced 25 May 2023                  

                                                        (S. K. Aggarwal)

                                                             President

                                                                    

    

                                                              (Shivani Bhargava)

                                                               Member

                                                           ( Manjit Singh Bhinder )

                                                                           Member          

 

 

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