Chandigarh

DF-I

CC/186/2019

Hemant Kumar - Complainant(s)

Versus

Ozi Gym & SPA - Opp.Party(s)

Nikunj Dhawan

30 Sep 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION -I,

U.T. CHANDIGARH

 

[1]

                                               

Consumer Complaint No.	:	CC/186/2019
Date of Institution	:	25/03/2019
Date of Decision	:	30/09/2020

Hemant Kumar S/o Ram Singh, Resident of House No. 1798, Sector 7-C, Chandigarh.

… Complainant

V E R S U S

 

1.       Ozi Gym & Spa, Head Office: SCO 70-71, Phase-9, Mohali, Punjab, through its Manager/Proprietor.

2.       Ozi Gym & Spa (Platinum), SCO 386-387-388, Sector 8, Panchkula, through its Manager/Proprietor Tejindar Dhaliwal/Bhavneet Bakshi.

3.       Ozi Gym & Spa, Branch Office: SCO 3013-14, Dakshin Marg, Sector 22-D, Chandigarh, through its Manager.

… Opposite Parties

[2]

                                               

Consumer Complaint No.	:	CC/187/2019
Date of Institution	:	25/03/2019
Date of Decision	:	30/09/2020

Tarun Bhatia S/o Satish Kumar Bhatia, Resident of House No. 1799 (F), Sector 7-C, Chandigarh.

… Complainant

V E R S U S

 

1.       Ozi Gym & Spa, Head Office: SCO 70-71, Phase-9, Mohali, Punjab, through its Manager/Proprietor.

2.       Ozi Gym & Spa (Platinum), SCO 386-387-388, Sector 8, Panchkula, through its Manager/Proprietor Tejindar Dhaliwal/Bhavneet Bakshi.

3.       Ozi Gym & Spa, Branch Office: SCO 3013-14, Dakshin Marg, Sector 22-D, Chandigarh, through its Manager.

… Opposite Parties

[3]

                                               

Consumer Complaint No.	:	CC/188/2019
Date of Institution	:	25/03/2019
Date of Decision	:	30/09/2020

Mohit S/o Ram Avtar, Resident of House No. 1799 (F), Sector 7-C, Chandigarh.

… Complainant

V E R S U S

1.       Ozi Gym & Spa, Head Office: SCO 70-71, Phase-9, Mohali, Punjab, through its Manager/Proprietor.

2.       Ozi Gym & Spa (Platinum), SCO 386-387-388, Sector 8, Panchkula, through its Manager/Proprietor Tejindar Dhaliwal/Bhavneet Bakshi.

3.       Ozi Gym & Spa, Branch Office: SCO 3013-14, Dakshin Marg, Sector 22-D, Chandigarh, through its Manager.

… Opposite Parties

CORAM :	RATTAN SINGH THAKUR	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                                               

ARGUED BY	:	Sh. Nikunj Dhawan, Counsel for Complainant.
	:	None for Opposite Parties.

 

Per Surjeet Kaur, Member

1.           By this order we propose to dispose of the aforementioned consumer complaints in which common questions of law and facts are involved.
2.         The facts, for convenience, have been culled out from Consumer Complaint No.186 of 2019 titled as Hemant Kumar Versus Ozi Gym & Spa and Others.
3.         The long and short of the allegations are on 16.10.2018, the Complainant took the membership of OP-Gym & SPA for 12 months and paid Rs.10,000/- vide Annexure C-1.  Thereafter, the Complainant started visiting the Opposite Party No.2 (located in Sector 8-C, Chandigarh at that time). However, due to massive fire in the Gym it was closed and notification regarding the same was given to all the members through Annexure C-2. Eventually, the Complainant was informed that he could join the Opposite Party No.3, but on account of his pre-occupation and nature of job, he sought refund of the membership fee. When the refund was not made, the Complainant served a legal notice dated 20.02.2019 upon the Opposite Parties (Annexure C-3), but to no success. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint, praying for refund of the membership fee alongwith interest, compensation and litigation expenses.
4.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
5.         Opposite Parties No.1 & 3 contested the consumer complaint and filed their joint reply, pleading that the grievance of the Complainant is against Air Fitness & Spa; whereas, Opposite Parties No.1 & 3 belong to Suprama Fitness. The membership fee of Rs.10,000/- was received by the said Air Fitness & Spa and no consideration was ever paid to Suprama Fitness by the Complainant. On these lines, the cause is sought to be defended.
6.         Opposite Party No.2 filed its separate reply, admitting the basic facts of the case. It has been pleaded that although per Clause 15 of the membership form, the Complainant is not entitled to any refund on account of inevitable reasons beyond the control of the management, yet the Complainant was offered to join any other Centre as per his convenience for the rest of the period without any extra charges, but the Complainant chose to prefer the present complaint to extract money from the answering Opposite Party. Denying all other averments made in the complaint and denying any deficiency in service or adoption of unfair trade practice on its part a prayer for dismissal of the complaint was made by the Opposite Party No.2.
7.         Separate rejoinders were filed by the complainant denying all the averments in the written replies of Opposite Parties No.1 & 3 and Opposite Party No.2.
8.         Parties led evidence by way of affidavits and documents.
9.         We have heard the learned Counsel for the Complainant and have perused the record, along with the written arguments filed on behalf of the Complainant. After appraisal of record, our findings are as under:-
10.         Admittedly, the Complainant took membership of Opposite Party No.2 on 16.10.2018 and paid a consolidated membership fee of Rs.10,000/- for 12 months. It is not disputed that the Complainant joined the Gym and started availing services of the Gym.  
11.         It is also admitted that there was massive fire in the premises of Opposite Party No.2, on account of which the Gym could not be made operational and the Complainant along with all other members were offered to join other Centres, as per their convenience, but it was the Complainant who instead of joining the alternative Gym, chose to file the present complaint.
12.         Per contra, the Opposite Party No.2 defended the cause on the strength of Clause 15 of the Membership Form, as per which Complainant is not entitled to any refund on account of inevitable reasons beyond the control of the Management.
13.         We have minutely scanned the entire record placed before us. 
14.         Per Clause 15 of the Membership Form, it is evidently clear that the Complainant cannot claim refund or hold the management responsible for his discontinuation on account of inevitable reasons beyond the control of the management. The said Clause 15 reads as under: -

“The management shall not be held responsible in the unfortunate event of any accident/mishap caused due to an Act of God (such as earthquake, flood etc.) or any other inevitable reasons beyond the control of the management. Members cannot claim refund or hold the management responsible in any such events.”

                It is not the case of the Complainant the Opposite Parties after charging the fee discontinued their services despite being in total loss due to heavy fire broke out in its premises (this fact has been admitted by the Complainant). It is important to note, Opposite Parties made the availability of certain other same kind of Gym(s) to the Complainant to continue his exercise to show their bonafide, but it was the choice of the Complainant himself not to use the offered substitute Gym on account of his personal reasons.  Hence, we are of the considered opinion that the Opposite Parties cannot be blamed for no fault of theirs and they have never been deficient in rendering service to the Complainant or have never indulged into unfair trade practice.   

15.         In view of the above discussion, we do not find any merit in any of the consumer complaints, mentioned above. Accordingly, the same are hereby dismissed, leaving the parties to bear their own costs.
16.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

30/09/2020	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”