PRESENT

          Complainant in person present.                                                           

         Opponent  by Shri. Manoj Mhatre   present.                

                                      ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President. )

1.  The Complainant is a senior citizen and retired employees of bank of India joined  Satkar Fitness Centre conducted by Ketan Karia and Shareen Karia. He paid fees of Rs.10,000/- for a period of 16 August 2015 to  18^th September 2016.  
2. He started attending Satkar Fitness Centre and immediately found that equipments  were  new and he was happy with the facilities available in the Satkar Fitness Centre.
3. The complainant alleged that the services were not provided as per the assurance given at the time of joining the Centre. He was subjected to inconvenience for 20 minutes daily.  He told the staff that appropriate action will be taken if temperature is not maintained as assured.
4. The complainant alleged that Mr Asif was shouting at him in presence of other persons in the gymnasium. He also alleged that due to failure of the opposite party to render assured services he stopped going to Centre from 2 February 2016.
5. The complainant prayed for direction opposite parties to refund money paid by him as well as compensation of Rs.3,33,000/- and cost of Rs.9000/-
6. The opposite party filed written statement on 17^th September 2016 stating that present false complaint is classic example of abuse of process of law. The complainant has not raised any issue of  gymnasium amenities, training, trainer etc. and only issue is regarding maintenance of temperature.
7. The opposite party stated that gym is well equipped with modern equipments admeasuring 4200 ft. It is also stated that all rooms are well fitted with Air-conditioning system of 40 tonnes.
8. The opposite stated that as a regular practice and procedure the normal temperature maintained is 23°C. It is submitted that complainant has not inform this opposite parties at the time of taking membership that what is the compatible temperature for him to work out.
9. Opposite party stated that compensation is granted on the basis of actual loss suffered as per law governing, quantification of damages. It is prayed that complainant be dismissed with cost.
10. We heard Ld. counsel Manoj Mehtry and complainant at length.  Perused all documents and correspondence between the parties. There is no dispute that complainant had joined gym of the opposite party.
11. The letter sent by complainant dated 27/12/2015,  09/01/2016 and 18/01/2016 indicates that complainant has serious grievance against opposite party that they failed to maintain the proper temperature in the gym
12. The complainant has not filed on record any evidence to show that opponents  were under contractual obligation to maintain certain temperature. The opposite party stated that complainant has not mentioned about exact nature of the temperature complainant was interested for maintaining in the gym.
13. There is no allegation of deficiency supported by documentary evidence. Considering the fact that complainant has a grievance that opposite party failed to perform contractual obligation it would be proper for complainant to file civil proceeding or other remedy as per law.
14.  in the result we proceed to pass following order.

                                         O R D E R

1.       Complaint case  No.25/2016   is dismissed.

2.       No order as to cost.

3.       Copy of this order be sent to both parties.