The District Consumer Disputes Redressal Commission, Panchkula, has directed a Panchkula-based gym to refund membership fee to two brothers who could not utilise the gym facilities in 2020 due to the pandemic-induced lockdown.
The gym, Athelonics Hybrid Gym, Sector 11, Panchkula, has also been directed to pay ₹5,000 to the complainant as compensation for harassment and litigation expenses after it neither extended the membership nor refunded the fee for the months not utilised.
A city resident, Gaurav Garg had submitted before the forum that his two sons, Rahul Garg and Aryan Garg, paid ₹14,000 each to the gym for a 14-month membership in June 2019 and March 2020, respectively. The gym did not provide any receipt in spite of regular reminders.
Meanwhile, due to the Covid-19 pandemic, a lockdown was imposed in Panchkula in March 2020 and the restrictions were not eased until August 2020, when the gym finally reopened.
He alleged that even though his sons could not utilise the gym services due to the lockdown, the gym owner informed them that Rahul’s membership had expired in August 2020 and Aryan’s will end in May 2021 as planned earlier. When the family sought an extension or a refund, they were turned down.
No one appeared on behalf of the gym, so they were proceeded against ex parte.
{{/usCountry}}No one appeared on behalf of the gym, so they were proceeded against ex parte.
{{/usCountry}}The commission observed that the gym owners were under the obligation to provide services to both members for the months not utilised. But they neither provided the services nor refunded their balance, which amounted to deficiency in services and unfair trade practice.
Therefore, the commission ordered the gym to refund ₹18,000, along with interest @9% per annum, to the complainant, besides ₹5,000 as compensation.