The district consumer dispute redressal commission-I here has directed a Mohali-based gym to pay ₹3,000 as compensation for harassment and ₹3,000 as cost of litigation to a law student seeking refund of his membership fee.
Disposing of the complaint filed by Ujjwal Sood, a student at University Institute of Legal studies, Punjab University, the consumer commission has directed Swan Genx Projects Private Limited, Phase 8B, Industrial Area, Mohali, to refund the amount of ₹7,870 to Sood with 9% interest from February 2020 till realization.
Sood, in his complaint, said that he had subscribed to a 12-month membership of the gym operating under the brand name The Code Fitness from August 29, 2019, to August 27, 2020, and paid an amount of ₹15,000 through credit card.
However, the gym management informed Sood on January 15, 2020, that due to unforeseen and unavoidable circumstances, it is not going to continue on the promised premises, but in case the member wanted to get the services, he could approach the Mohali/Zirakpur centre, or apply for a refund instead. Sood chose the latter and applied for refund on January 16, 2020.
He was assured that refund would be processed within a period of 30 days from the date of application. However, on February 28, the gym refunded only ₹7,870 to him.
On this, Sood moved the consumer forum stating that the gym failed to return the promised refund amount despite his several efforts.
The registered notice sent to the gym management was returned with the report “unclaimed” and the case proceeded ex-parte.
The consumer forum, said, “The gym management chose not to contest the consumer complaint to rebut the allegations of the complainant. We are, therefore, of the view that they have nothing to say about the allegations levelled. Hence, the act of not providing proper services and thereafter not refunding the balance amount to the complainant proves deficiency in service and unfair trade practice on its part.” It directed the gym to pay up.