Nitish Khullar filed a consumer case on 25 May 2023 against Oxizone Fitness Spa Zirakpur in the Fatehgarh Sahib Consumer Court. The case no is RBT/CC/666/2018 and the judgment uploaded on 04 Jul 2023.
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
Oxizone Fitness Spa Zirakpur head office S O No.156-157, Sector 34 Chandigarh through its owner Dr. Simer Kaur.
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 .
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.
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.
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