Haryana

StateCommission

A/816/2016

GOLDS GYM - Complainant(s)

Versus

VISHAL DEEP - Opp.Party(s)

A.K.BISHNOI

17 Aug 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA.

 

                                                First Appeal No.           816 of 2016

                                                Date of the Institution:           06.09.2016

                                                Date of Decision:-        17.08.2017

 

1.      Gold’s Gym, Live Strong Health and Fitness Private Limited, Registered Office at 25, Central Market, Gill Road, Ludhiana, Punjab through its Manager Jaswinder Singh.

2.      Gold’s Gym, Live Strong Health and Fitness Private Limited, Branch Office at 1^st and 2^nd Floor, SCO 10, Sector 16, Panchkula through its Manager Jaswinder Singh.

 ……..Appellants-Opposite Parties

 

Versus

Vishal Deep son of Sh. Vinod Kumar, resident of House No.987, Sector 16, Panchkula, Haryana.

….. Respondent-Complainant

 

 

 

 

 

 

CORAM:    Hon’ble Mr. Justice Nawab Singh, President.

                   Shri Balbir Singh, Judicial Member.

 

 

Present:-    Shri Anand Kumar Bishnoi, Advocate for the appellants

                   Shri Vishal Deep, complainant-respondent in person

 

O R D E R

 

 

 

NAWAB SINGH J, (ORAL)

 

Gold’s Gym, Live Strong Health and Fitness Private Limited and another-opposite parties (appellant herein) are in appeal against the order dated August 08^th, 2016 passed by District Consumer Disputes Redressal Forum, Panchkula (for short ‘District Forum’) whereby complaint filed by Vishal Deep-complainant was allowed. The appellants were directed to refund Rs.15,000/-, that is, Membership Fee to the complainant, Rs.5,000/- as compensation and Rs.5000/- litigation expenses.

2.      The complainant was a member of the appellants under the program one year plus one month.  The starting date was March 01^st, 2015 and the expiry date was February 28^th, 2016.  He paid Rs.15,000/- to the appellants vide receipt (Annexure C-1).  The grievance of the complainant as mentioned by him in paragraph No.5 of the complaint, which reads as under:-

          “The complainant has left for U.S.A. on 01.04.2015 and before leaving, he requested the opposite parties to provide a travel card as committed by them while giving the membership so that he can use the facility of Gym for 14 days in any country in the world. The opposite parties kept on giving false assurances of providing the travel card but no travel card was provided and the complainant left U.S. without travel card inspite of informing the fact that the complainant has to use the gym for exercise to maintain his thigh muscles for the upkeep of knee as the same has been operated in 2005 for reconstruction of the ligament and exercise is necessary for the same.”

 

3.      It was also stated that the complainant was not provided towel bags etc by the appellants.  

4.      The appellants did not appear before the District Forum and were proceeded ex parte.

5.      During the course of arguments, a question was posed to the complainant that any assurance was given by the appellants at the time of becoming the member that facility of the gym would be provided to him abroad also.

6.      The complainant only relied upon Exhibit C-2 wherein it is mentioned ‘travel card’.

7.      The word ‘travel card’ does not connote that the appellants were suppose to provide the facility of the gym in foreign country also.  Otherwise to, in the membership form duly filled up by the complainant, it is clearly mentioned that “Membership of the appellants does not warrant or imply membership at any other Gold’s Gym licensee.”  So, the plea raised by the complainant that he could not use the gym while in foreign country is not tenable and is rejected. 

8.      So far as the other contention that bag and towel were not provided by the appellants, for that, the complainant has placed on record email (Exhibit C-7) sent by him to the appellants stating therein that he was not given bag, towel, diet chart etc. 

9.      The email (Exhibit C-7) was sent on November 02^nd, 2015, that is, after about eight months of using the gym by the complainant.  The appellants have placed on record the attendance sheet (Annexure A-3), which shows that the complainant had been using the gym throughout the period he remained its member.  First time, the complaint was made on November 02^nd, 2015.  It appears that the complaint was made only for the sake of making the complaint because it was made after the visit of the complainant to USA.  Otherwise too, providing of a towel etc is a very small item, which a gym is supposed to provide.  So, the second ground on which the complainant has sought compensation is also not tenable and is therefore repelled.

10.    Learned counsel for the appellants has stated that as a gesture of goodwill, the appellants are ready to provide free membership for one year to the complainant, which the complainant has accepted. 

11.    In view of above, the appeal is accepted, impugned order is set aside and the complaint is dismissed. However, the appellants shall provide free membership for a period of one year to the complainant. 

 12.   The statutory amount of Rs.12,500/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules.

 

 

Announced 17.08.2017

(Balbir Singh) Judicial Member

(Nawab Singh) President

 

UK