Not refunding membership fee paid during Covid costs gym dear

Not refunding a ₹10,000 membership fee, which was paid just before the Covid outbreak, has cost a gymnasium dear, with the District Consumer Disputes Redressal Commission directing the fitness centre to pay ₹21,000 to the litigant as compensation.

Not refunding a ₹10,000 membership fee, which was paid just before the Covid outbreak, has cost a gymnasium dear, with the District Consumer Disputes Redressal Commission directing the fitness centre to pay ₹21,000 to the litigant as compensation.

As the evidence was not rebutted by the gym, the complainant has proved deficiency in service and unfair trade practice on the part of the gym, it observed. (HT File)

The petitioner, Diljot Singh Gill of Bathinda, a student of the University Institute of Legal Studies, had first applied for membership to the gymnasium, Anytime Fitness, in 2020 ad had paid ₹15,000 for the same. After lockdown was imposed, he was unable to visit the gym.

In August, the gym contacted him and asked him to extend his membership. He sought a refund but the management told him that he could extend his membership for ₹10,000, which was to be paid in advance, and he could seek a refund later. Again, he was neither able to go the gym due to Covid, nor did he get a refund.

The gym was served a notice, but it failed to appear for the hearing so the matter was heard ex parte. The commission observed that it was clear that the complainant had not availed any gym services due to closure of gyms across India.

As the evidence was not rebutted by the gym, the complainant has proved deficiency in service and unfair trade practice on the part of the gym, it observed.

The commission said the petitioner was entitled to a refund of the ₹10,000 membership fee, ₹1,000 security and ₹5,000 as compensation for harassment and ₹5,000 as litigation costs.