Order no. 17

           The case of the complainant in brief is that the complainant took the Fitness Centre membership of o.p. 1 through its branch, i.e. o.p. 2 in Kolkata on 08/01/2014 for a period of one month at a price of Rs. 2,825/- vide registration no. RG/CABG/2013-2014-1368. The payment was paid through complainant’s credit card. On 11/01/2014 after his daily work out complainant went to take a shower in the shower area of o.p. no. 2. When the complainant opened the shower water was at comfortable temperature but just after a few seconds water from the shower became hot like boiling water and burnt the complainant’s entire right shoulder and back. Complainant immediately screamed for help. When the complainant asked for the first aid box it was surprising that there was no first aid box in the custody of o.p.  2. The manager of the o.p. 2 used the colgate tooth paste on the burn affected area. No one of the o.p. 2 escorted the complainant to the hospital. Complainant immediately rushed to the hospital. Thereafter complainant sent an e-mail but o.p. 1 did not reply. Though complainant sent a letter on 28/01/2014 stating the negligent and deficient services of o.p.s but o.p.s did not take any initiative to resolve the problem. Complainant was on leave for a few days from the date of accident and the scar left by the injury is permanent and that can only be removed through plastic surgery. Complainant further stated that because of lack of support and unprofessionalism of the o.p.s he had suffered undue physical pain, mental stress and agony. Hence, the application praying for direction upon o.p.s to apologize for all the inconvenience caused to the complainant, to pay sum of Rs. 2,825/- along with compensation of Rs. 8,00,000/- as medical cost and for compensation along with cost of Rs. 25,000/-.

            Ld. Lawyer for o.p.s appeared before this Forum and filed their w/v. In their w/v o.p.s denied all material allegations inter alia stated that on 11/01/2014 after finishing exercise complainant went for taking shower wherein complainant turned on hot water shower and did not push the normal water and consequently hot water came out and complainant had suffered from minor burns on shoulder. The staff and members of o.p.s rushed to assist the complainant and they switched off the hot water tap and started using soframycin cream on the said burns. Complainant insisted on applying toothpaste on the burned area. The staff of the o.p. requested the complainant to wait for doctor but complainant said he was fine and walked away from the gym. Staff and members of the o.p.s checked the temperature of the water and it was perfectly fine without changing the temperature. In the health centre of o.p. there are number of showers and when the complainant was using one of them the other showers were occupied by some other members and nothing had happened to them. Only complainant sustained the minor burn. There was latches on the part of the complainant in taking shower without taking care of the temperature of the water. So there is no deficiency in service by the o.p.s. Hence, o.p.s prayed for dismissal of the case with cost.   

Decision with reasons:

            We have gone through the petition of complaint, w/v and materials on record. It is admitted fact that the complainant took the membership of o.p.s and when he took the shower on 11/01/2014 his shoulder was burnt due to hot water. Subsequently he visited the hospital and took the medicine. Though the o.p.s denied all material allegations they had not annexed any document from where it could be ascertained that they took proper care of the complainant for his injury. No doctor was present in the o.p.’s centre to give medicines or whatsoever. When complainant sent letter to the o.p.s they did not bother to reply. O.p.s did not deny the medical prescriptions and bills of the complainant annexed with the complaint petition. No staff of the o.p. escorted the complainant to the hospital after the accident, therefore we find deficiency in service and unfair trade practice on the part of the o.p.s.

            As a result the complaint petition succeeds and as such complainant is entitled to get relief.

            Hence

            ordered,

            that the case being no. CC/430/2014 allowed on contest with cost. O.p.s are hereby directed to return Rs. 2,825/- ( Rupees two thousand eight hundred twenty five ) to the complainant along with compensation of Rs. 10,000/- (Rupees ten thousand ) for harassment and mental agony along with cost of Rs. 2,000/- ( Rupees two thousand ).

            O.p.s are directed to pay the aforesaid amount within 30 days from the date of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.