Chandigarh

DF-II

CC/370/2016

Roopinder Singh - Complainant(s)

Versus

World Gym - Opp.Party(s)

Kashika Kaur Adv.

25 Jul 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	370/2016
Date of Institution	:	25.05.2016
Date of Decision	:	25/07/2016

 

                                                

                                                         

Roopinder Singh s/o Sh.Jaspal Singh r/o H.No.152, Sector 27-A, Chandigarh

                                      ...  Complainant.

Versus

World Gym, SCO 21, Sector 26, Chandigarh through its Authorized Representative.

…. Opposite Party.

 

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

 

Argued by: Ms.Kashika Kaur, Adv. for the complainant

                   OP exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.           In brief, the case of the complainant is that  on being satisfied by the plan as explained by the Gym Official and having a word with the owner Mr.Manritpaul Singh, he settled an amount of Rs.18000/- inclusive for all taxes for one year.  Accordingly, he paid Rs.36,000/- for two annual memberships of his children namely Ranjot Singh and Ravnoor Kaur through cheque against receipt Annexure C-1.  However, he insisted for issuance two separate receipts but he was told that there was no need for the same; one receipt mentioning the amount was enough.  As per the receipt, Annexure C-1, the starting date was 01.06.2015 and the expiry date was 01.06.2016.  The complainant’s children joined the gym on 01.06.2015 and enjoyed the facilities upto 31.12.2015 and subsequently, they were not allowed to join the gym despite the fact that as per the receipt the annual membership was to be expired on 01.06.2016. However, to their utter shock and dismay, they were told that their membership was expired on 31.12.2015. Thereafter, the complainant tried to contact the owner of the OP but no effect and ultimately, he exchanged number of messages through what apps (Annexure C-2) but to no effect. However on the messenger, not only the OP denied 12 months subscription but mentioned about a different subscription all together.   Left with no other alternative, the complainant had purchased the membership of another gym for his children by paying Rs.20,000/- vide receipt Annexure C-3.  He also got served a legal notice dated 14.03.2016 (Annexure C-4) upon the OP but it refused to accept the same.  A copy of the registered envelop is Annexure C-5.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant complaint.
2.           Despite due service through registered post, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 01.07.2016.
3.           We have heard the learned counsel for the complainant and have gone through the documents on record.
4.           In his exparte, in order to substantiate and corroborate the averments made in the complaint, the complainant has placed on record Annexures C-1 to C-5.   He has also tendered his detailed affidavit reiterating the averments made in the complaint. Despite due service through registered post, the Opposite Party did not appear to contest the case of the complainant and preferred to proceed against ex-parte. This act of the OP draws an adverse inference against it.  Non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant  made in the complaint supported by the affidavit have gone unrebutted & un-controverted.  The complainant has sought the refund of entire membership fee of Rs.36,000/- despite the fact that his children have already enjoyed the gym for six months as averred in the complaint and as such he is entitled to Rs.18,000/- only i.e. for the remaining six months for which his children were not allowed to attend the gym.
5.           In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The OP  is directed as under ;-

1. To refund Rs.18,000/- to the complainant.  
2. To pay Rs.2,500/- as compensation for mental agony and harassment caused to the complainant
3. To pay Rs.5,000/- as costs of litigation.

This order be complied with by the OP, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) and (ii) shall carry interest @9% per annum from the date of this order till actual payment besides payment of litigation costs.

6.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

25/07/2016

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER