A-1294/2017

01-08-2023

O R D E R

BY SRI RAVI SHANKAR, JUDICIAL MEMBER

Heard from appellant. Respondent not present.

2. The learned advocate for appellant submits that, the complainant became a member to the Fitness course by paying an amount of Rs.11,235/- and after receipt of the said amount, the appellant issued a receipt towards the membership and the complainant opted for visiting this fitness course from 5.00 a.m. to 6.00 a.m. every day and he commences the exercises from10-7-2014. The complainant was regularly coming and exercising under the supervision of trainer and nutritioner along with one doctor. Subsequently he sought for change of timings, according this appellant also provided change of timings and the complainant utilized the said facilities still nine months. Subsequently the complainant alleged deficiency in service and filed a complaint stating that this appellant had not provided change in the timings for the utilization of the equipments and fitness course. The District Consumer Commission after trial allowed the complaint and directed to refund the amount of Rs.11,235/-  which was paid at the time of registration. In fact they are not liable to pay any amount, because the complainant has utilized the gym for nine months and they have also provided change of timings.  The complainant had filed a false complaint alleging deficiency in service in order to gain wrongfully. Hence prays to set aside the order passed by the District Commission, in the interest of justice and equity.  

3. Heard from appellant. The respondent not present.

4. On perusal of the certified copy of the order, documents produced by the appellant and memorandum of appeal, it is noticed that, the complainant paid an amount of Rs.11,235/-and utilized the gym of the appellant from 10.7.2014. It is only a small dispute raised by the complainant saying that, this appellant has not provided alternative timings for utilization of the gym, but the appellant before this commission submitted that they have provided the timing as sought by the complainant and the complainant has utilized the gym for nine months. After utilizing for the said period, the complainant alleged deficiency in service and sought for refund. We noticed once the complainant utilized the facilities provided by the appellant in the gym for nearly nine months, the refund is not permissible. The complainant could have continued either at 5 to 6 a.m. or which is convenient to the complainant himself. Instead of that the complainant approached the District Commission alleging deficiency in service. We do not find any valid reasons for refund of the amount. The District Commission made an error in directing the appellant to pay the said amount. Hence, the order passed by the District Consumer Commission is requires to be set aside. Accordingly the appeal is allowed and consequently complaint is dismissed. Hence, we proceed to pass the following:-

O R D E R

The appeal is hereby allowed and consequently the complaint is dismissed.  

The amount in deposit shall be transmitted to the concerned District Commission to pay the same to the appellant.

Send a copy of this order to both parties as well as concerned District Consumer Commission.

Member                                            Judicial Member

Jrk/-