Tamil Nadu

North Chennai

CC/53/2015

G.Saravanan, S/o.D.Gnanaprakasam, - Complainant(s)

Versus

The Manager, Fusil Fitness, - Opp.Party(s)

K.Ramesh

14 Mar 2018

ORDER

 

                                                            Complaint presented on:  18.03.2015

                                                                Order pronounced on:  14.03.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

WEDNESDAY  THE 14^th   DAY OF MARCH 2018

 

C.C.NO.53/2015

 

 

G.Saravanan,

S/o.D.Gnanaprakasam,

No.14/15, Andiappan Naicken Street,

Choolai, Chennai – 600 112.

                                                                                    ….. Complainant

 

..Vs..

The Manager,

Fusil Fitness,

No.18/3, Salai Street,

Choolai, Chennai – 112.

.....Opposite Party

Date of complaint                                 : 19.03.2015

Counsel for Complainant                      : M/s. K.Ramesh,

                                                                    P.Rajavel & M.Kandasamy

 

Counsel for Opposite Party                      : M/s.Govind Chandrasekhar, Sharath

                                                                    Chandran, Shyam Gopal       

 

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to refund the fees amount of Rs.9,000/- paid by him and also compensation for mental agony with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The opposite is party running GYM in the name Fusil Fitness. The complainant joined in the said GYM on 01.08.2014 by paying a sum of Rs.9,000/- as annual membership fee. The opposite party informed the complainant that there are various facilities available in the GYM and they have certified trainers, physiotherapist, first aid protection, nutritionist, having tie up with hospital with other facilities. However, the opposite party has not provided any of the service even though they have collected full annual membership fees.  Further the opposite party is not maintaining the GYM in a hygienic manner like not cleaning the water bottle, toilets, steam bath facilities and GYM equipments. The air-conditioner in the GYM is not at all working. The assistance of trainer was not available while the complainant working in the GYM. Hence he has to do on own.

          2. The complainant questioned about the non-providing of above facilities the opposite party ill-treated the complainant very badly and shouted on him in the presence of others and insulted him. On 18.12.2014, as usual the complainant run to the GYM room to work, the opposite party shouted and sent out the complainant without any reason that he should not work and if he come once again he will face consequences. The opposite party further stated that the fees paid by him will not be refunded. The complainant worked in the GYM hardly for five months. Though he paid fees for 12 months he was allowed to work only for five months and refusing to admit him for the remaining period proves the deficiency committed by the opposite party.

          3. The complainant made a complaint to the police and thereafter issued legal notice dated 06.01.2015. The opposite party issued reply  on 14.01.2015. Due to refusing to admit the complainant in the GYM, he suffered with mental agony and hence he had filed the complaint to refund the fees amount Rs.9,000/- paid by him and also compensation for mental agony with cost of the complaint.

4. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The complainant has deliberately suppressed facts so as to stake a false claim against the opposite party. The opposite party states that the complainant had signed up for the yearly membership, agreeing to all the terms and conditions stated therein, on 02.08.2014. The admission form, signed and agreed to by the complainant herein, clearly specifies that the member seeking admission is duty bound to comply with the code of general conduct and the maintenance of discipline in the GYM. The allegation that no services were provided to him are denied as vague and baseless.  The opposite party states that it maintains the highest quality of services and the allegation that no certified trainers were in the GYM is clearly baseless. The complainant signed a form stating that he is pursuing his own workout regimen without the aid and assistance of the GYM instructors. It is, therefore, uncharitable to allege that no training was provided when the same was specifically not sought for by the complainant himself. Yoga and Meditation classes are being regularly held in the premises but are not a part of the membership package and are to be availed by members at an additional cost.

          5. The GYM maintains a complaint/suggestions box which is scanned regularly. Not even once the complainant made any such complaint with the management so as to draw their attention to the problem. The opposite party states that the complainant was not willing to undergo the fitness regimen set by the GYM and hence he was requested to give an undertaking relieving the management from liability in the event of an injury. The opposite party states that the complainant has signed the undertaking on 11.11.2014 agreeing to do his own workout.

          6. The opposite party states that on 06.11.2014, the complainant took it upon himself to do the role of a “trained coach” and teach workouts to a female member who had a history of back problems. The complainant’s overzealous attempt to coach the lady, made her condition worse. To the utter shock and surprise of the management, the female member had lodged a protest with the management claiming that the complainant had stalked her and made indecent gestures towards her. Again on 01.12.2014, two female members complained to the management that the complainant had been making indecent gestures and had been stalking them from time to time. When apprised of the complaint of the female member the complainant switched over his timings from morning. The female members, being teenagers, requested privacy.

          7. That on 05.12.2014, the complainant violated the terms of admission by casually strolling into the GYM with his dirty sports shoes, despite there being a clear condition displayed at the entrance that the same should be carried to the GYM. A warning was given to the complainant, which was characteristically ignored. The opposite party states that further that on 11.12.2014, the staff noticed that the complainant was causing damage to the GYM equipment by handling them roughly and without due care. When confronted, the complainant chose to once again pay no heed to the management’s request. The other averments made in the complaint are denied.  The opposite party has not committed any deficiency in service and prays to dismiss the complaint with costs.

8. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

9. POINT NO :1 

          The admitted facts are that the opposite party is running a GYM in the name of Fusil Fitness and the complainant joined in the Fusil Fitness on 01.08.2014 by giving Ex.A1 admission form and also paid a sum of Rs.9,180/- as annual fee  to the opposite party under Ex.A2 receipt and the complainant  is working in the opposite party Fusil Fitness for a period of four months and thereafter he was stopped in attending the GYM and hence the complainant made a police complaint  against the opposite party and for which the police gave Ex.A3, CSR copy and thereafter the complainant issued Ex.A4  notice and for which the opposite parties gave Ex.A3 reply to the complainant.

          10. The complainant alleged deficiency against the opposite party is that at the time of admission the opposite party informed that various facilities would be available that the members would be attended by the certified trainers and they are having  physiotherapist to give treatment for muscle injuries, first aid protection tie- up with hospital for giving treatment in case of accident and they will provide group classes such as Yoga Aerobics  and  martial arts etc. and none of the service have been provided by the opposite party   and further the GYM  was not maintained in hygienic manner like not cleaning water bottle toilet steam bath etc., and air-condition was also not provided in the GYM and further the complainant was not allowed to work after five months and he was sent out and therefore, the opposite party has committed deficiency in service.

          11. The opposite party would contend that all the facilities were provided and it is the complainant who had behaved badly with the women at the GYM and therefore, he had violated terms of admission and hence admission was terminated and hence he has not committed any deficiency in service.

          12. The complainant has not filed any document to support his contention that the members would be attended by the certified trainers, physiotherapist, nutritionist and hospital facility etc., He had filed Ex.A1, application with rules and regulations. The opposite party also stated that they are having all the facilities.

          13. The complainant next alleged that he was stopped by the opposite party from attending the GYM work out and hence the opposite party committed deficiencies. The opposite party would contend that the complainant misbehavior with the lady member and he trained one of the female member on 06.11.2014 and her condition became worse and again on 01.12.2014 two female members complained to the management and therefore he was terminated attending the GYM work out. The complainant denies this incident alleged by the opposite party. This kind of allegation can be easily made against a person orally. To prove that the complainant behaved badly with female members, none of the female member has filed evidence before this forum in support of the opposite party.  Further no other documents filed by the opposite party that the complainant misbehaved with female members. Therefore, we hold that the allegation of the opposite party that the complainant misbehaved with the female members has not been proved by him and we reject such allegations.

14. The complainant would contend that only when he questioned some of the facilities  were not available he was sent out of the GYM and further he asked for the remaining period subscription amount that was also not refunded to him. Hence the complainant made a police complaint to refund the balance amount.  Ex.A3 is the CSR copy receipt issued by the opposite party for the complaint made by the complainant. In Ex.A3, it has been clearly stated that the complaint asked for refund of money after deducting the four months training period amount having the opposite party himself sent out or terminated the admission of the complainant, even though he has eight more months training period. The opposite party failed to refund the amount proves that he had committed deficiency and hence we hold that the opposite party committed deficiency in service in not refunding the amount.

15. POINT NO:2

          As per Ex.A2 the complainant paid a sum of Rs.9,180/- for one year period. However he had under gone only four months period as per Ex.A3, hence the opposite party is liable to refund a sum of Rs.6,120/- for eight months period to the complainant. The opposite party committed deficiency in service in not refunding the amount proves that the complainant suffered with mental agony is accepted and for the same it would be appropriate to direct the opposite party to pay a sum of Rs.5,000/- towards compensation for mental agony, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs.6,120/- (Rupees six thousand one hundred and twenty   only) towards the fees paid by him  to the Complainant and also to pay  a sum of Rs. 5,000/- (Rupees five  thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said compensation and refund amounts shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 14^th  day of March 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated August 2014                Admission Form,

                                                              Admission Form clean copy

 

Ex.A2 dated 01.08.2014                            Admission Fee payment proof

Ex.A3 dated 18.12.2014                            Police complaint CSR Copy

Ex.A4 dated 06.01.2015                            Legal Notice

Ex.A5 dated 14.01.2015                            Reply Legal Notice of opposite party

 

 

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.B1 dated 02.08.2014                             Fusil Fitness

 

Ex.B2 dated 08.02.2014                             Invoice Bill

 

Ex.B3 dated NIL                               Undertaking letter of the complainant

 

Ex.B4 dated 16.12.2014                             A.L.A. Enterprises                           

 

 

 

 

MEMBER – I                                                               PRESIDENT