Ramkrishan Upadhyay
Chandigarh, September 27
The District Consumer Disputes Redressal Commission, Chandigarh, has directed a health club at Elante Mall to pay a compensation of Rs 5,000 to a consumer for changing the validity of the membership arbitrarily without intimation.
The commission also directed the club to refund a fee of Rs 44,250 to the consumer, along with interest @ 9 per cent per annum from the date of filing the complaint.
In her complaint, Neha Anand, a resident of Panchkula, said she purchased a diamond membership from Sawasdee Chandigarh Health Club and Spa Limited, Elante Mall, Chandigarh, which allowed her to avail of services worth Rs 1,15,000 by paying only an amount of Rs 59,000. She made an upfront payment of Rs 30,000 on March 21, 2018 and Rs 29,000 on May 31, 2018. This membership was valid till March 21, 2023. She availed of the services under the package on May 16, 2019, May 28, 2019 and February 11, 2020, amounting to Rs 13,750.
The complainant said when she visited the spa to avail of services, she was shocked to know that her membership expired on September 21, 2020. A representative of spa also informed her that the remaining amount of Rs 40,600 could only be availed if she purchased another additional membership package.
She alleged that the health club arbitrarily and illegally changed the validity of the membership package from March 21, 2023 to September 21, 2020, without intimating her.
The commission said a notice was sent to the club seeking its version of the case. However, nobody appeared on behalf of the health club. Therefore, it proceeded ex-parte on May 17, 2022.
After hearing the arguments, the commission said: “The records show that there was a membership balance of Rs 40,600 with the club. Then, it is beyond our understanding why the club cannot provide the remaining services to the complainant. Therefore, the negligent act of the club for not providing proper services, non-honouring its own promise and most importantly non-appearing during the proceedings of the case and issuing two different documents for the same cause of action prove deficiency in service and its indulgence in unfair trade practice”.
The commission said in view of this, the health club was directed to refund Rs 44,250 to the complainant along with interest @ 9 per cent per annum from the date of filing the complaint till realisation. It was also told to pay a compensation of Rs 5,000 to the complainant for mental agony and harassment and Rs 5,000 as costs of litigation.
