BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

C.C.No.321/2019     Filed on 27.09.2019

ORDER DATED: 30.11.2020

Complainant:

(Party in person)

Opposite party:

The order delivered on 30.11.2020

ORDER

SRI. VIJU  V.R.,  MEMBER:

The complainant, a doctor by profession, has presented this complaint before this forum under section 12 of the Consumer Protection Act 1986, alleging that he took a gold membership from Cuoretone Fitness Centre situated at Edapally, Ernakulam by paying an amount of Rs.39,500/-(Rupees Thirty Nine Thousand Five Hundred). The money was transferred from Federal Bank situated at Thiruvananthapuram. The complainant approached the fitness centre for taking the membership for 3 months or 6 months, but the opposite party persuaded him to take a one year membership. The complainant told the opposite party that he will be transferred within one year from Ernakulam. The opposite party has given the assurance that if the complainant gets transfer he will adjust the amount. The complainant started to use the gym from 01.03.2018. But he has to stop his training after 2 weeks due to an ankle sprain injury on his right foot and the doctor advised rest. The complainant contacted opposite party at that time the Managing Director of the fitness centre Mr. Sajith told the complainant that the membership will be kept as Medical Freezing for 6 months and if the complainant gets transfer within one year the membership will be transferred or the amount will be refunded. The complainant got transfer in the year March, 2019 and when he contacted the opposite party he told that the membership can be transferred to Kollam, instead of Thiruvananthapuram as they have no branches in Thiruvananthapuram. When the complainant informed his unwillingness to this transfer of membership, opposite party assured that the amount will be refunded to the complainant after transferring the membership to another person. But after that there was no response from the opposite party, even though the complainant has send so many messages, hence this complainant.

Eventhough the Opposite party received notice, they did not appear before this forum and opposite party was set exparte.

Issues to be ascertained:

1. Whether there is deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) and (ii)

The complainant had filed chief affidavit in-lieu of chief examination and has produced 3 documents which were marked as Ext.P1 to P3.  It can be seen from Ext.P1 that the complainant has paid an amount of Rs.39,500/- and from Ext.P2 series it is clear that the opposite party has agreed to transfer the membership of the complainant. But opposite party has not transferred the membership nor refunded the amount. The opposite party did not turned up. Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case and there is deficiency in service from the side of opposite party.  Hence the opposite party is liable to compensate the complainant. The complainant is entitled to get refund of the membership fee after deducting Rs.1,650/- as he has used the Gym for 2 weeks.

In the result, the complaint is allowed. The opposite party is directed to pay an amount Rs.37,850/-(Rupees Thirty Seven Thousand Eight Hundred and Fifty) with interest thereon at 8% per annum from 16.03.2019 till the date of realisation, pay Rs.10,000/- as compensation to the complainant for the mental agony suffered by the complainant and pay Rs.2,000/- towards the cost of the proceedings within one month from the date of receipt of this order.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30^th day of November, 2020.

SL

C.C.No.321/2019

APPENDIX

1. COMPLAINANT’S WITNESS

2. COMPLAINANT’S DOCUMENTS

3. OPPOSITE PARTY’S WITNESS

4. OPPOSITE PARTY’S DOCUMENTS

5. COURT EXHIBITS

Sd/-       PRESIDENT

SL