Chandigarh, September 29
The District Consumer Disputes Redressal Commission, Chandigarh, has directed a gym owner to refund fee for the period during which the consumer did not utilise the services due to the Covid-induced lockdown. The commission also directed the gym owner to pay Rs 10,000 as compensation for causing mental harassment and litigation cost.
Diljot Singh Gill, in a complaint filed before the commission, said he purchased the membership of a gym, “Anytime Fitness”, Sector 17-D, Chandigarh, by paying Rs 15,000 on February 2, 2020 for year 2020-21. It also included Rs 1,000 as security deposit for gym key, which was refundable at the end of the membership.
He said in March 2020, the government declared nationwide lockdown due to the Covid-19 outbreak. As a result, he was compelled to shift to his hometown. In August 2020, he received a call from the gym for the renewal of membership for 2021 onwards despite knowing that he did not avail of the services in year 2020.
He expressed his inability to renew the membership and requested the representative to refund the fee from March 23, 2020 onwards. However, the complainant was assured that his membership would continue if he pays the advance membership fee for year 2021 as gyms were facing financial crunch due to the lockdown. He was also assured that if he did not join the gym, he could seek refund.
Accordingly, he paid an amount of Rs 10,000. Due to the resurgence of Covid-19, he again could not avail of the gym services. Therefore, he requested the gym management several times to refund the membership fee, but to no avail.
Despite notices, the gym management failed to appear before the commission. So, it proceeded against ex-parte on June 1, 2022.
After hearing the arguments, the commission directed the gym to refund an amount of Rs 11,000 to the complainant along with interest @9 per cent per annum w.e.f. September 1, 2020 till realisation of the same. The commission also directed the gym to pay Rs 5,000 as compensation for causing mental agony and harassment and Rs 5,000 as costs of litigation to the complainant.
