Haryana

Panchkula

CC/238/2016

AJAY GAUBA - Complainant(s)

Versus

OZI GYM & SPA. - Opp.Party(s)

PARVEEN JAIN

05 Jun 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.             

                                                                  

Consumer Complaint No	:	238 of 2016
Date of Institution	:	07.09.2016
Date of Decision	:	05.06.2017

                                                                                          

 

Ajay Gauba s/o Sh.Gobind Lal Gauba, R/o House No.744, Sector-8, Panchkula (Haryana).

 

                                                                                        ….Complainant

Versus

 

1.       OZI gym & Spa, SCO 286-288, Sector-8, Panchkula, through its authorized signatory.

2.       Platinum wellness Pvt.Ltd., SCO 286-288, Sector-8, Panchkula, through its Director(s).

 

                                                                                        ….Opposite Parties

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

Mr.Jagmohan Singh, Member.

 

For the Parties:     Mr.Parveen Jain, Adv., for the complainant. 

                             Op No.1 already given up.

                             Mr.Saurabh Sharma, Adv., for the Op No.2.

 

ORDER

(Dharam Pal, President)

 

1. The complainant has filed this complaint against the Ops with the averments that he purchased the one year membership for Rs.18,000/- with the Op No.2 which was the sister concern of the Op No.1 in the year 2015 from 30.11.2015 to 28.11.2016 vide receipt dated 31.11.2015. After some time, the complainant felt that the Op No.2 was not keeping its services to what they had promised. The complainant requested the Op No.2 time and again regarding non-functioning of air conditioner and also about the songs with obscene words were being played. There was also no prescribed written format at OP No.2, therefore, the complainant made oral complaint at reception and also to Manager but to no avail. The complainant had also taken the service of special assistance while doing the exercises and for special assistance, he had paid Rs.12,000/- per month for November and December, 2015. The complainant asked for the receipts of payment of Rs.12,000/- from Op No.2 but the same was not given by OP No.2. Thereafter, the complainant requested the trainer namely Rishi Datt of Op No.2 to provide the receipt but to no avail. The Ops had also manage a social networking website page in the name & style of Platinum Fitness & Spa whereon general public can participate i.e. can post comments. The complainant had also posted about the non-functioning of the air conditioner system and running obscene songs on the social networking but the Op No.2 had deleted the comments posted and thereafter, the membership of the complainant was terminated. On 30.05.2016, the Op No.2 sent a mail to the complainant and asked to collect the refund of the cheque and tried to ignore the genuine request of the complainant. The complainant replied through mail dated 01.06.2016 that the refund cheque alongwith the letter of termination of membership be sent to him through post but till the filing of the complaint no refund has been sent by the Ops. This act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.
2. When the case was fixed for appearance of OP NO.1, the counsel for the complainant has given up the Op No.1 i.e. OZI gym, since no claim was against the Op NO.1 and the Op No.1 has been impleaded for the purpose that OP No.2 was the sister concern/partner of Op No.1, vide a separate statement.
3. The Op No.2 appeared before this Forum and filed written statement. It is submitted that the air conditioners were working properly and no obscene songs has ever been played in the gym of the OP NO.2. No complaint was ever received from any member of OP No.2. It is submitted that the complainant who himself discontinued the gym of the OP NO.2 without rhyme or reason. The complainant who started defaming and tarnishing the reputation of the OP No.2 in public by using the means of social media. It is submitted that the complainant became the member of the OP NO.2 by paying Rs.18,000/- vide receipt dated 30.11.2015 which was valid from 30.11.2015 to 28.11.2016. It is submitted that the membership of the complainant was never terminated. It is submitted that the Op No.2 is an authorized health centre/gym of the Op No.1. It is submitted that the complainant has himself stopped attending the gym in the month of May, 2016. It is submitted that the air conditioners installed in the premises were new and the same were fully functioning. It is submitted that no amount except the membership fee of Rs.18,000/- for the period of one year has ever been received from the complainant and no fee in addition to the membership has ever been charged from the complainant, therefore, the question of issuing any separate receipt for Rs.12,000/- did not arise. It is submitted that the complainant was informed vide e-mails dated 30.05.2016 and 01.06.2016 to collect the cheque from the reception but the complainant did not come to collect the same. It is submitted that the complainant was also requested vide email dated 02.06.2016 not to tarnish the image of the Op No.2. Thus, there is no deficiency in service on the part of the Op NO.2 and prayed for dismissal of complaint with costs.
4. The complainant tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-6 and closed his evidence. On the other hand, OP No.2 tendered the evidence by way of affidavit Annexure R2/A alongwith document Annexure R2/1 and closed the evidence.
5. We have heard learned counsel for the parties and have also perused the record and also considered the written arguments submitted by the counsel for the complainant.
6. Admittedly, the complainant purchased one year membership by paying Rs.18,000/- to Op No.2 in the year 2015 for the period from 30.11.2015 to 28.11.2016 vide receipt dated 31.11.2015 (Annexure C-1). The grievance of the complainant is that the air conditioners were not functioning properly and the Gym was playing obscene songs. The complainant made complaint at reception and also to Manager but to no avail. The complainant alleged that he had taken the service of special assistance while doing the exercises and for that, he had paid Rs.12,000/- from the month of November and December, 2015 but the Op No.2 did not issue any receipt for the payment of Rs.12,000/-. Thereafter, the complainant requested the trainer namely Rishi Datt of Op No.2 to provide the receipt but to no avail. The Ops had also managed a social networking website page in the name & style of Platinum Fitness & Spa whereon general public can participate i.e. can post comments. The complainant had also posted about the non-functioning of the air conditioning system and running obscene songs on the social networking but thereafter, the membership of the complainant was terminated and the Ops asked the complainant to collect the refund of the cheque and tried to ignore the genuine request of the complainant.
7. On the other hand, the Op N.2 denied all the allegations made by the complainant and submitted that the air conditioners were working properly and no obscene songs had ever been played in the gym. No amount was paid by the complainant except the membership fee of Rs.18,000/-. The complainant himself stopped attending the gym in the month of May, 2016. Even though, the Ops also offered for refund of amount through emails dated 30.05.2016 and 01.06.2016 but the complainant did not come to collect the same.
8. After hearing both the parties and going through the documents and evidence tendered by them, it reveals that the complainant purchased the membership of Op No.2 by paying Rs.18,000/- (Annexure C-1) for one year in the month of November, 2015. In his complaint, the complainant alleged that after some time, he noticed that the air conditioners were not working properly but in the month of November and thereafter no air conditioners were being switched on. The complainant has not mentioned the specific period during which the ACs were not working. The complainant has also failed to place on record any complaint regarding non-functioning of AC and playing the obscene songs made by any other members of the Gym. Moreover, the complainant himself stopped attending the Gym in the month of May, 2016. From the emails dated 01.06.2016 and 02.06.2016 exchange between the parties (Annexure C-6), it reveals that the complainant requested Mr.Rishi Gym for issuing the receipt of Rs.12,000/- but Mr.Rishi Gym has not been impleaded as party and no relief has been claimed against him. In the above mail, the complainant has also mentioned that “so its never been a defamation issue. Am out of town again, as my job involves travelling quite a lot. I pull back from now on…. And wish you well in all your business interests. Good luck and good day”. Moreover, the complainant in his complaint himself admitted that the Op No.2 had offered for refund of amount but he himself did not collect the amount offered by the Op No.2.
9. In view of the above discussion, we are of the view that no deficiency in service has been attributed upon the Ops. Hence, the present compliant is dismissed being devoid of any merit.
10. A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

 

 

Announced

05.06.2017 JAGMOHAN SINGH     ANITA KAPOOR    DHARAM PAL

                    MEMBER                      MEMBER               PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

 

                                          

                                                         DHARAM PAL

                                                          PRESIDENT