DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.144/2016

Ms. Ruchika Gupta

W/o Sh. Nitin Gupta

R/o N-18, Green Park Extension

New Delhi-110016.                                                      ….Complainant

Versus

1. Vibes Healthcare Ltd.

C-1, Green Park Extension,

New Delhi-110016.

2. Ms. Kiran

Central Head

Vibes Healthcare Ltd.,

C-1, Green Park Extension,

New Delhi-110016.

3. Ms. Aarti Kohli

Customer Care Head,

Vibes Healthcare Ltd.,

D-5 Healthcare,

Hauz Khas New Delhi.

4. Ms. Ashok Jain

Director

Vibes Healthcare Ltd.,

D-5, Hauz Khas, New Delhi.

                                                                        ….Opposite Parties

                                                Date of Institution        : 13/05/16                   Date of Order                : 14/07/20

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

Ms. Kiran Kaushal, Member

ORDER

1. On the strength of present complaint, complainant prays for refund of Rs.11,400/- paid to OP for providing the services and compensation of Rs.25,000/- towards mental, physical harassment and litigation expenses.  
   1. Complainant joined a gym named Vibes Healthcare Ltd. and paid consideration of Rs.11,400/- for half yearly membership on 04.01.2016. On the next morning complainant went to the gym, she found that the gym was not working and some renovation work/ activity was going in the gym. There was nobody in the gym except the guard. After making great efforts the complainant could contact the representative of the gym and was informed that the renovation work will get completed within two days. The complainant waited and again went to the gym after two days and saw that the renovation work was still going on in full swing and the gym was closed.
   2. Feeling cheated and harassed, the complainant again approached the representative of OP and asked for refund of the fee deposited by the complainant. The complainant was informed that fee will be refunded within two or three days. However, despite making the promises, OP neither provided the service nor refunded the fee to the complainant hence the present complaint.   
2. OPs resisted the complaint and filed the written statement stating inter-alia that the complainant booked a half yearly membership and paid Rs.11,400/- to OP for the same. It is submitted that on the same night when the complainant booked her package a major water leakage occurred in the building where the gym is located. Due to this reason, some repair work was to be done on urgent basis in order to rectify the problem. It is due to this reason that the gym had to be closed down for few days.
   1. It is specifically denied that representative of OP-1 agreed to refund the amount as OP-1 has strict ‘No Refund Policy’ which the complainant was informed at the time of booking of the membership package. It is next submitted that the OPs had informed the complainant that the renovation work will be completed in approximately seven to eight days and the gym became completely functional after eight days for the use of the complainant and the others members of the gym.
   2. It is next pleaded that the OP was ready to give an extra fifteen days of services free of cost as a compensatory gesture to the complainant.
   3. Hence, denying any unfair trade practice or deficiency in service, OPs have prayed for dismissal of the complaint with exemplary cost.  
3. Rejoinder and evidence by way of affidavit are filed by the complainant wherein averments made in the complaint are reiterated. OPs did not file the evidence in time, hence right to file OPs evidence was closed on 12.01.2018.
4. Written arguments are filed on behalf of the complainant. Submissions made on behalf of the complainant are heard and material placed on record is perused carefully.   
5. Admittedly, the complainant with the intention to join a gym paid the consideration amount of Rs.11,400/- on 04.01.2016. Invoice of the same is exhibited as exhibit CW-1/A with the complaint. It is clear from the pleadings made by the parties that the complainant did not use the facility of the OPs for even a single day. No credible evidence is adduced by OPs to prove that the water leakage in the building started on the same day when the complainant made the payment. Further no evidence is placed on record to show that the gym was functional within 7-8 days of complainant’s joining the gym. Bald averment without any reliable evidence holds no water in the eyes of law. It is a matter of common practice that when you pay for the services like gym, you would want to avail the facility as soon as possible. After making the full payment to obtain membership of the gym for six months to find that the gym is not operational on the next day can be disturbing and annoying.
6. Thus, this forum is of the opinion that OPs are deficient in service by not providing the services for which they had received the full payment. Accordingly the complaint is allowed and OPs are directed to refund Rs. 11,400/- to the complainant alongwith interest @ 6% per annum from the date of receiving the payment i.e. 04.01.2016 till realization within a period of two months from the date of this order. Additionally OPs are directed to pay Rs.10,000/- for compensation towards harassment and litigation expenses. Failing which OPs shall become liable to pay Rs.11,400/- @ 10% per annum from the date of receiving of the payment i.e. 04.01.2016 till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 14/07/16.