Failure To Provide Refund For Unsatisfactory Gym Facilities, Gurgaon District Commission Holds Sparta Gym Liable

The District Consumer Disputes Redressal Commission, Gurgaon (Haryana) bench of Sanjeev Jindal (President), Jyoti Siwach (Member) and Khuswinder Kaur (Member) held Sparta Gym, Gurugram liable for failure to refund the gym fee collected from the Complainant who did not find the services and facilities at par with the advertisements shown by the gym. Brief Facts: The Complainant acquired membership at Sparta Gym, Gurugram and paid INR 25,000/- through a UPI transaction. He was enticed by the advertised services depicted in pamphlets. However, upon joining, he discovered that the facilities and equipment did not align with the promised standards. Consequently, he requested a refund from the gym, which, via a Gmail letter acknowledged the refund request and stated its 15-day refund policy. The Complainant stopped attending the gym in anticipation of a refund. The Complainant continued to await reimbursement despite repeated reminders which also included issuance of a legal notice. However, the refund was not initiated. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Gurgaon (“District Commission”) against the gym. The gym's representative didn't appear before the District Commission for proceedings. Observations by the District Commission: The District Commission perused the evidence on record and noted that the Complainant's contentions were substantially corroborated. It held that the documents unequivocally indicated that the Complainant made a payment of INR 25,000/- to the gym and was enticed by the advertised services, which were not satisfactorily provided upon joining the gym. The absence of any contradictory evidence from the gym further strengthened the credibility of the Complainant's claims. Therefore, the District Commission found no grounds to doubt the validity of the Complainant's evidence. The gym's decision to abstain from participating in the proceedings instead of offering a defence only serves to bolster the Complainant's case. Consequently, the District Commission held the gym liable for severe deficiency in service. The District Commission directed the gym to reimburse the Complainant the sum of INR 14,583/- along with interest at a rate of 9%. Moreover, considering the mental distress and inconvenience suffered by the Complainant, the gym was directed to pay a compensation of INR 15,000/- to the Complainant along with INR 11,000/- for the litigation costs incurred by him. Case Title: Harsh Rathi vs M/s Sparta Gym Case Number: 1032 of 2023 Date of Decision: 17.05.2024 Click Here To Read Order

Failure To Provide Refund For Unsatisfactory Gym Facilities, Gurgaon District Commission Holds Sparta Gym Liable

Smita Singh

Tags