CC/314/2021

Date of Filing: 13.07.2021

                                                   Date of Disposal: 07.06.2023

BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BENGALURU – 560 027.

DATED THIS THE 7^th DAY OF JUNE 2023  

CONSUMER COMPLAINT NO: 314/2021     

PRESENT:

SRI.RAJU K.S,

SMT.REKHA SAYANNAVAR,:MEMBER                                          

Sri. Suraj Kumar,

S/o Subramani Sundar Raj,

Aged 30 years

1756/A, SLV Meadows Ground Floor,

(Rep by Sri.Yatish.S & Varun.M.R. Advocates,)

Authorized Proprietor,

M/s. SOLO.FIT (HSM Fitness Pvt Ltd),

Parent company

At S.R.P. Arcade, 2^nd Floor #30/31,

Kathriguppe 100ft Ring Road,

Ex-parte                                                 ...OPPOSITE PARTY.

//JUDGEMENT//

BY SMT. REKHA SAYANNAVAR, MEMBER

01.    The present complaint is filed Under Section 35 of the Consumer Protection Act 2019 for a direction to refund an amount of Rs.27,998/- and to pay the compensation  of RS.5,00,000/- and further to pay the cost of the litigation and to grant such other reliefs as this Commission feels fit in the interest of Justice and Equity.

02.    The opposite party operates Gym which provides fitness and body building training to its members. The complainant had taken the Membership of the opposite party by making the payment of Rs. 27,998/- on 07.12.2020.  The opposite party had assured to provide and facilitate the steam, showers and personal trainers to the complainant.   

03. To the shock and surprise of the complainant the opposite party did not provide any of the services undertaken by it. The complainant made several requests and approached the opposite party personally. But of no use. The complainant was constrained to issue a legal notice on 03.04.2021. The said legal notice was duly served upon the opposite party.   There was no reply from the opposite party.  The opposite party choose to call the complainant in the middle of night at 2 a.m. and abused and threatened him in an intoxicated state. The acts of opposite party caused mental stress and financial hardship to the complainant.  The complainant left with no other alternative approached this Commission for the redressal of her grievance under Consumer Protection Act, 2019 for the deficiency of service of opposite party.  Hence, this complaint.

04.    The notice of the complaint was duly served on opposite party,   remained absent and placed Ex-parte.

05.    Complainant had filed affidavit in the form of his evidence in chief and got marked EX.P.1 to EX.P.3 documents.

06.    The complainant has filed detailed written argument.

07.    Heard the arguments.  

08.    The points that would arise for consideration are as under:-

  (1) Whether there is deficiency of service on the part of the opposite party?

  (2) Whether the complainant is entitle for the 

    relief as sought ?

       (3) What order ?

09.   Our findings on the aforesaid points are as follows:

Point No.1 :  In affirmative

Point No.2 :  Partly in affirmative

Point No.3 :  As per the final order for the following;

REASONS

10.    POINT No.1:  PW.1 had reiterated the facts stated in the complaint, in the affidavit filed in the form of his evidence in chief.  It is the case of the complainant that who had become the Member of the opposite party’s Gym by making the payment of Rs.27,998/- on 17.12.2020. The opposite party remained absent and  failed to  prove their case.  The claim of the complainant is that the opposite party had not provided any amenities and facilities as assured by them. The complainant was treated badly when  he asked about such assurances  promised by the opposite party.  The opposite party till filing of this complaint had not provided such assurances  and  not even refunded the membership   amount paid by the complainant.  Due to the acts of the opposite party, the complainant missed his very purpose of joining the opposite party’s Gym. ``  to compete himself in Body building Competitions and to make his name and fame. It caused mental suffering and financial hardship to the complainant. It amounts to the deficiency of service as enumerated  under Section 2(11) of the Consumer Protection Act 2019. Hence, we answer POINT No.1  in Affirmative.

11. POINT No.2 :  The complainant made a prayer for refund of Rs. 27,998/- from the opposite party.  On perusal of EX.P1 i.e Tax Invoice dated 17^th December 2020  was issued in the name of the complainant for Rs. 13,999/- only. Further on perusal of EX.P2  i.e legal notice issued by the complainanant.  In that  it was claimed the refund of membership fee of the complainant himself  and his friend  of RS.13,999/- each. Therefore, The complainant is entitled for the refund of his Membership fees of Rs.13,999/- with interest at the rate of  9% per annum from the date of its purchase. In addition to this the complainant is also entitle for compensation of Rs.25,000/- towards mental agony and financial hardship  as the complainant missed the very purpose of joining the GYM  to compete himself in Body building Competitions and to make his name and fame and Rs.10,000/-, towards the cost of litigation.  Hence, we answer Point No.2 partly in affirmative.

12.    POINT NO.3:- In view of the discussion made above, we proceed to pass the following;

ORDER

The complaint is allowed in part.

The opposite party is directed to refund the amount of Rs.13,999/- with interest at the rate of 9% per annum from the date of payment dated 17.12.2020 till realization.

In addition the opposite party directed to pay, Compensation of Rs. 25,000/- towards mental agony and financial hardship and to pay the litigation cost of Rs.10,000/- to the complainant.

The parties shall comply the order within 30 days.   In case, the opposite party fail to comply the order within the said period, the above said amount of Rs.35,000/- carries interest at the rate of 9% p.a. from the date of order till realization.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stand disposed of in terms of the aforesaid judgment.

  (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 7^th Day of June 2023.)                                            

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•  

arn

//ANNEXURE//

Witness examined for the complainant side:

Complainant Shri. Suraj Kumar, filed his affidavit.

Documents marked for the complainant side:

1. Copy of Tax Invoice  dt. 17.12.2020.  EX.P1
2. Copy of Legal notice dt. 03.04.2021.  EX.P2
3. C.D .                                                 EX.P3

Witness examined for the opposite party side: 

- NIL –

Documents marked for the Opposite Party side:

- NIL -

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•  

arn

                                                                     CC/314/2021

Date of Filing: 13.07.2021

                                                   Date of Disposal: 07.06.2023

ORDER

The complaint is allowed in part.

The opposite party is directed to refund the amount of Rs.13,999/- with interest at the rate of 9% per annum from the date of payment dated 17.12.2020 till realization.

In addition the opposite party directed to pay, Compensation of Rs. 25,000/- towards mental agony and financial hardship and to pay the litigation cost of Rs.10,000/- to the complainant.

The parties shall comply the order within 30 days.   In case, the opposite party fail to comply the order within the said period, the above said amount of Rs.35,000/- carries interest at the rate of 9% p.a. from the date of order till realization.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stand disposed of in terms of the aforesaid judgment.

(Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 7^th Day of June 2023)                                             

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•  

arn