DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

Rhythm Gupta aged 14 years daughter of Shalini Gupta, R/O House No.313, Sector 32-A, Chandigarh being minor through her mother and natural guardian Shalini Gupta.

                             …..Complainant

Versus

1. Gagan Fitness Studio H. No.3278, Sector 21-D, Chandigarh through its proprietor Smt. Gagandeep Kaur, Sidhu.

    ….. Opposite party

BEFORE:  SMT.PRITI MALHOTRA        PRESIDING MEMBER 

                    SH.B.M.SHARMA                 MEMBER

For Complainant : Sh. Jaswinder Singh Bains, Advocate for the                     complainant.

For OPs         : None for the OP.

PER PRITI MALHOTRA, PRESIDING MEMBER

         The case in brief is that OP was running fitness centre under name and style of Gagan Fitness Studio and the complainant on the advice of the OP joined their studio on 11.2.2019 being situated nearyby the house of the complainant and left dance academy in sector 34 piccadilly square.  The mother of the complainant paid a sum of Rs.28000/- to the OP, receipt whereof Annexure c-2 issued.  It was sated that the OP told that the duration of course is of one year. Brochure   of the Op is attached as Annexure C-1. It is alleged that after one week the OP demanded Rs.2000/-  on 18.2.2019, which was paid by the mother of the complainant but the OP did not issue receipt thereof. It was further stated that the complainant hired services of the OP for about 2 months and thereafter the complainant due to some personal reasons stopped availing services of OP and the OP itself gave in  writing dated 22.4.2019 Vide Annexure C-3 that the complainant would be free to take service of OP within six months. However, when the complainant on 3.8.2019 approached the  OP to restart, she came to know that the OP has shifted her fitness centre in phase-7 Mohali which is far away from her house. It was alleged that the OP earlier did not disclose the complainant mother regarding shifting of their centre.  Thereafter the mother of the complainant approached the OP on 23.8.2019 for refund of the fee  of Rs.30,000/- but the Op straightaway denied the same. Thereafter the complainant vide email Annexure P-5 requested the OP to refund the amount of Rs.30,000/- but to no avail. Hence, this complaint alleging deficiency in service and unfair trade practice on the part of the OP.

2.  In its written statement  the OP while admitting the factual matrix of the complaint stated that The OP is still running  Gagan Fitness Studio from House No. 3278, sector 21-D, Chandigarh. It was stated that the studio opened in Mohali was an additional studio to cater the demand of Mohali residents and the complainant intentionally concocted the story in order to get the refund.  It was fairly admitted by the OP that the Mother of the complainant approached to it for diet consultancy and management services for 14 years complainant.  Receipt of Rs.28000/- in cash was also admitted.  However, it was vehemently denied that the OP had ever demanded additional amount of Rs.2000/- from the complainant and the mother of the complainant never paid the same.  It was further admitted that the complainant availed the service of OP for about 2 months and thereafter she stopped the said services of the OP due to personal reasons voluntarily.  It was stated that at that stage on 10.4.2019 Ms. Shalilni Gupta mother of the complainant requested for replacement of complainant membership with her and started taking consultancy from the OP. It was specifically added that though the yearly subscription was non-refundable and membership was non-transferable yet the OP as a goodwill gesture allowed her replacement of the complainant on her earlier paid subscription.  Again on 22.4.2019 the balance period of 9 months and 15 days was kept in abeyance at the request of mother of the complainant.  The copy of fresh agreement (the replacement)  dated 10.4.2019 executed between Shalini Gupta is appended as Exhibit R-1 which is duly signed by Ms. Shalini Gupta.  On  the reverse side of Exhibit R-1 the opposite party had kept the balance period of 9 months and 15 days at abeyance at  the request of the mother of the complainant. Exhibit C-3 is an incomplete and distorted version of Exhibit R-1 and is a fraud upon this court. It is was again stated that OP is running the Studio from the same address  at Chandigarh. Copies of returns indicating the same address are Exhibit R-2.  It is vehemently denied that the mother of the complainant ever visited the office of OP for refund nor the OP received any  letter or email to this effect.  It was stated that the  complainant has no right, interest, title or claim against the OP as she had already surrendered her membership without assigning any reasons on 10.4.2019 and the OP had replaced her mother  Ms. Shalini Gupta vide Exhibit R-1 in her place on 10.4.2019 and thus the mother of the complainant had stepped into the shoes of the complainant for all intents and purpose and the present complaint in the name of the Rhythm Gupta is an abuse of the process of law and is not maintainable. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.

3.        The contesting parties led evidence in support of their contentions. 

4.       We have gone through the record and heard the arguments advanced by both the sides.

5.       It is an admitted fact that the complainant Rhythm Gupta availed services of OP for which consideration amount of Rs.28000/- was paid by her mother vide receipt  Annexure C-2. There is also no dispute that the complainant availed the services of OP for nearly 2 and half months and thereafter, it is so alleged  by the complainant that the OP shifted their studio from Chandigarh to Mohali which was far away from the residence of the complainant and  as such it was inconvenient to attend the studio at Moahli.  It is argued that  earlier the services of the OP were availed by the complainant as the studio of the OP was near the residence of the complainant.  To the contrary the OP in their reply submitted that the studio at Mohali is an additional studio and they are also running studio at the same address at Chandigarh.

6.       The OP in order to establish its plea has not placed on record any cogent and concrete evidence; also not the latest one. The documents placed on record by the OP are not suffice to prove that the OP is running their studio from the same address at Chandigarh. Hence, in our opinion the OP failed to negate the allegation of the complainant by any cogent evidence.    

7.       In the given circumstances, we are of the considered opinion that the deficiency in service established on the part of OP and thus, the complainant is right to ask for refund of the money for the period, for which she has not availed the services of the OP.  It has also been admitted by the OP at the reverse side of document Annexure R-1 that, services for 9 months 15 days are left to be availed. Meaning thereby the complainant availed services of OP  for two  and half months only and for the rest of the period she could not avail the services of the OP due to the shifting of the studio by the OP as is case of the complainant. Thus, in our view the complainant is entitled for refund of amount for the remaining period.  At the same time the complainant has failed to establish  payment of additional amount of Rs.2000/-. So no order for refund is being passed for that amount.

8.           In view of the above discussion, the consumer complaint deserves to succeed and the same is accordingly partly allowed qua OP.  OP is directed as under :-

1. To refund Rs.28000/- (after deducting proportionate amounts for two and half months for the period services availed by the complainant ) to the complainant.
2. To pay Rs.5,000/- as compensation for mental agony and harassment;
3. To pay Rs.3,000/- as costs of litigation.

                 This order be complied with by OP within 45 days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 9% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.

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

Announced

08.6.2022                                                                      

(PRITI MALHOTRA)

PRESIDING MEMBER

 (B.M.SHARMA)

MEMBER