COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR.VIJENDER SINGH, MEMBER

Present:       Shri Deepak Chahal, Advocate for the complainant.

                   Shri Karan Singh Director of KA Health for opposite parties.                      

                                                ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case as per complainant are that he is Member of opposite party’s Gym and purchased the annual membership from opposite party no. 1 and 2 on 03.06.2019 and paid Rs.16,000/- through Debit Card. At the time of purchasing annual membership, opposite party no. 1 & 2 assured the complainant that by making onetime payment, they will give him additional 45 days if he was unable to attend the gym due to illness or other medical reason and will also provide him the Gold Gym Training Bag. But after making payment opposite party denied him to give training bag. Opposite party no. 1 & 2 were always busy in cheap practices by switching off the AC’s and most of time Steam Bath was closed just to save the money and they always used to close the Gym 10 to 20 minutes before the closing time. After a long break due to Covid-19, Gym was opened on 09.08.2020 and when the complainant reached there to join the Gym, the dealing person told that they reduced the closing timing and now they close the Gym about 1 hour 15 minutes early at 8.45 P.M. instead of 10:00PM  and he can join in coming days on restoration of actual timing. After the restoration of timings, complainant reached the Gym but the opposite party denied him to join and asked him to renew his membership for another year otherwise his pending tenure will be lapsed. Thereafter the complainant approached opposite party no. 3 telephonically and told the whole matter to them and but there was no positive response from the opposite party no.3. As such, there is deficiency in service on the part of opposite parties. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the membership amount of Rs.16,000/- alongwith 12% interest and also directed to pay a compensation of Rs.15,000/- as legal expenses as explained in relief clause.

2.                After registration of complaint, notices were issued to the opposite parties. Opposite parties in their reply has submitted that the complainant took annual membership from 03.06.2019 to 03.06.2020 and full payment for the same is made in advance and normal annual fees for their Gym is Rs.17,000/-. The complainant came for membership through certain reference, so they reduced annual fees to Rs.16,000/ and there is provision in Gold Gym all over the world that during the year of membership extension may be given for 45 days on medical ground, at the production of actual medical certificate from registered medical practitioner only and any compliment like Gym bag is given only on full amount of GYM fees i.e. Rs.17,000/-. But the complainant has paid only Rs.16,000/- as annual fees, so, there is no claim for complimentary bag. Complainant was informed about bag and every conditions which are mentioned in membership form regarding extension of 45 days on medical ground. It is further submitted that Gold Gym is having 500 members and any member never complained about AC’s switch off. Opposite parties also submitted that steam bath never closed throughout the year because steam bath is premier item of Gold Gym and the standard time for Gym through out the country is 6:00 AM to 10:00 PM and they are following the guidelines of Government. After lockdown, when the complainant came to opposite party on 21.09.2020, he was offered two months extension period as a compliment but at the condition of further one year renewal of membership  as this was a special offer to all the members of Gym, but he denied the offer. Although his membership ended much earlier i.e. on 03.06.2020 still they offered him for extension of membership for two months. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.

3.                Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C4 and closed his evidence on dated 28.06.2021. Ld. Counsel for the opposite parties in his evidence has tendered his affidavit Ex.R1, documents Ex. R2 and closed his evidence on dated 17.11.2021.

 4.               We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                 It is an admitted fact in the written statement filed by the respondent that the complainant came to the Gym on 21.09.2020 and at that time, the respondents offered him 2 months extension period as a compliment with the condition of one year renewal of membership as a special offer. It is further submitted that this offer was valid for all the members of God Gym. From the  perusal of the complaint, written statement and documents it is crystal clear that the membership has been purchased by the complainant on 03.06.2019 which was for the period upto 02.06.2020 but during the period of lockdown due to Covid-19, Gym was closed in March 2020 and were opened with certain conditions on dated 10.08.29020. As per the written statement filed by the respondent, complainant approached to the respondent on 21.09.2020. At that time renewal policy was in force but this condition is wrongly imposed upon the complainant and the same is not legally fair in the eyes of law. 

6.                Perusal of the record reveals that complainant had taken the membership for 12 months i.e. 03.06.2019 to 02.06.2020 but due to lockdown in the country, he could continue the same only for 9 months and 21 days. As such he is entitled for remaining period of 2 months and 9 days. Due to wrongly imposing the renewal policy, the complainant might have suffered some loss and there is deficiency in service on the part of opposite party. As such opposite party is liable to compensate the complainant.

7.                In view of the facts and circumstances of the case, we hereby dispose of the complaint with direction to the opposite party to give opportunity to the complainant to join the gym for remaining period of 2 months and 9 days and on account of deficiency in service, opposite party is also liable to allow the complainant to join the gym for further 2 months to the complainant. Accordingly complainant is entitled to join the gym for 4 months and 9 days.

8.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

08.08.2022

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                                                          Nagender Singh Kadian, President

                                                          ………………………………..

                                                          Tripti Pannu, Member.

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                                                          Vijender Singh, Member.