Chandigarh

DF-I

CC/956/2016

Prince Singh - Complainant(s)

Versus

Planet Fitness Clubs Pvt. Ltd. - Opp.Party(s)

Naveen Sheokand

08 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/956/2016
Date of Institution	:	17/10/2016
Date of Decision	:	08/12/2017

 

Prince Singh s/o Balraj Singh, resident of #11/3C Rail Vihar, Sector-4, Mansa Devi Complex, Panchkula, Haryana 134114.

…..Complainant

V E R S U S

Planet Fitness Clubs Pvt. Ltd., Head Office SCO 62-63, Sector 8C, Chandigarh 160009 through its Managing Director.

……Opposite Party

 

CORAM :	MRS.SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                       

ARGUED BY	:	None for complainant
	:	Sh. Sandeep Bhardwaj, Counsel for OP

 

Per Surjeet Kaur, Presiding Member

1.         The facts of the consumer complaint, in brief, are that the complainant applied for membership of the OP club w.e.f. 30.10.2015 for the services of both Gym and Spa and paid consideration of Rs.20,000/-.  However, on 20.6.2016, the Spa section which included changing room, washroom and shower facilities was closed for two weeks for renovation. In between, the complainant received a text message on 2.9.2016 informing that the gym would be totally closed for 10 days. However, the renovation work got extended upto nearly five months and on 29.9.2016, the complainant received a text message stating that the gym would properly start from 1.10.2016. As per the complainant, even after spending a huge amount of Rs.20,000/-, the OP failed to provide the services for nearly five months. Alleging that the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OP, the complainant has filed the instant complaint.
2.         OP in its written reply has admitted that the complainant took the membership on 3.10.2015 and used the services without any complaint till June 2016 i.e. for 8 months. The gym was overtaken by Burn Gym and renovation started in the month of June, however, the Spa area was being renovated and the gym was functional.  The membership of the complainant was to expire on 2.10.2016 and he was informed about reassessment, but, he became adamant to pay the previous amount towards the gym annual fee and not the increased one.  It has been stated that as a goodwill gesture, the OP offered to add the number of days being spent on renovation work to the complainant, but, he became adamant to receive Rs.20,000/- towards the renewal fee. The Burn Gym told the complainant to use the Gym and Spa services for three months, as a goodwill gesture, without paying any consideration.  It has been denied that the Burn Gym remained closed for 5 months.  It has also been denied that the Spa services were not resumed for two months.  Pleading that there is no deficiency in service or unfair trade practice on its part, OP prayed for dismissal of the complaint.
3.         Replication/Rejoinder was filed by the complainant denying all the averments in the written reply of the OP.
4.         The parties led evidence in support of their contentions. 
5.         We have gone through the record and heard the arguments addressed by the learned Counsel for the OP.
6.         It is an admitted fact that the complainant paid an amount of Rs.20,000/- for getting membership of the OP club and the same is also evident from Annexure C-2.  The said membership was valid from 3.10.2015 to 2.10.2016 for the purpose of gym/spa. 
7.         The sole grouse of the complainant is that after a few months of the usage of the membership, OP started renovation of the spa section on 20.6.2016 for which changing room, washroom and shower facilities were closed.  As per the case of the complainant, the renovation work took approximately five months and on 29.9.2016 the complainant received a text message that the gym would properly start from 1.10.2016. Hence, the OP failed to provide proper services during the period of renovation and the same amounts to deficiency in service on its part.
8.         The stand taken by the OP is that for the betterment of the customers only the renovation work was started.  It has been alleged that when the complainant was informed about the expiry of his membership, he himself became adamant to pay only the previous amount towards the gym annual fee and not the increased one.  It has further been contended that it offered to add the number of days spent on renovation work, but, the complainant was adamant  to receive the refund of Rs.20,000/-.  It has also been contended that the OP is ready to offer three months facility of gym and spa free of cost.  As such, OP prayed for dismissal of the complaint.
9.         After going through the text messages of the OP as well as admission on its part, it is crystal clear that the renovation work at the fitness club continued from June 2016 to October 2016 and evidently the complainant paid for full one year the huge amount of Rs.20,000/-.  We feel that it was the duty of the OP for sending message of adjusting the days/time of renovation to all its members if they were willing to renew their membership.  On the other hand, the OP sent messages to its consumers apprising them of the expiry period of their old membership. The OP/gym management was sending messages for delay in renovation and also the fitness re-assessment of the complainant instead of sending message of adjustment of the previous fee. Hence, the act of the OP for non-paying heed to the genuine request of the complainant for the adjustment of the amount already paid amounts to deficiency in service and unfair trade practice on its part.  However, since admittedly the complainant has used the gym facility from October 2015 to June 2016, therefore, he is not entitled to the refund of the entire amount of fee of Rs.20,000/-.
10.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed. The OP is directed as under:-

1. To allow the complainant to use the gym/spa facility, free of cost, at its club for the period of four months.
2. To pay Rs.5,000/- to the complainant as compensation for mental agony and harassment caused to him;
3. To pay to the complainant Rs.5,000/- as costs of litigation.

11.         This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amount mentioned at Sr.No.(ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of directions at Sr.No.(i) & (iii) above.
12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
08/12/2017	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member