Consumer Court Orders Chandigarh’s Code Fitness Gym To Refund And Compensate Complainants For Deficiency In Service

Consumer Court Orders Chandigarh’s Code Fitness Gym To Refund And Compensate Complainants For Deficiency In Service

Directs it to pay Rs.i0,000 as penalty and Rs.10,000 as litigation costs within 45 days

The Chandigarh bench of the District Consumer Disputes Redressal Commission (DCDRC) has allowed a consumer complaint filed against a gym by a group of people, who purchased its memberships in 2019 by paying varied amounts.

In 2020, the gym, Code Fitness, issued a notice about discontinuing its services due to relocation. But despite the complainants seeking a refund, the gym did not comply.

The Coram of Pawanjit Singh (President) and Surjeet Kaur (Member) observed that the gym admitted the refundable amount due to the complainants. However, it failed to refund the amount after relocating, which constituted a deficiency in service.

In response to the complaint, Code Fitness contended that it has been operating the fitness center since 2015, providing commendable services. It argued that due to the strict local regulations and some unforeseen events, it was compelled to cease operations in January 2020, leading to the relocation.

It added that despite the relocation, it offered the complainants and all members the option to continue availing the services at alternative locations in Zirakpur and Mohali. The gym further claimed that during that period, the complainants did not request a refund.

The Consumer Commission noted that the complainants had failed to submit their account details to the gym before filing the complaint. This negated their entitlement to interest from the deposit date.

However, the bench emphasized that the gym's failure to refund the amount after the complaint was filed, indicated a clear deficiency in its service. Thus, it was liable to refund the complainants' respective amounts, along with an annual interest of 9 percent from the date of the complaint.

Additionally, the DCRDC awarded a compensation of Rs.10,000 and imposed litigation costs of Rs.10,000. The gym was given 45 days to comply with the order, failure of which would result in interest at 12 percent per annum.