Mohali gymnasium told to pay up Rs.6000 along with refund amount to law student

In this post, we will discuss about the case where it was ordered that the Mohali gymnasium pay up Rs.6000 along with refund amount to law student Ujjwal Sood.

Facts of the case: Ujjwal Sood, in his complaint, said that he had subscribed to a 12-month membership of the gym operating under the brand name The Code Fitness from August 29, 2019, to August 27, 2020, and paid an amount of ₹15,000 through credit card. However, the gym management informed Sood on January 15, 2020, that due to unforeseen and unavoidable circumstances, it is not going to continue on the promised premises, but in case the member wanted to get the services, he could approach the Mohali/Zirakpur centre, or apply for a refund instead. Sood chose the latter and applied for refund on January 16, 2020.

Code Fitness Complaint Consumer Case Refund.
Code Fitness Complaint Consumer Case Refund.

Also Read- Consumer Complaint against Country Club Fitness Centre 

He was assured that refund would be processed within a period of 30 days from the date of application. However, on February 28, the gym refunded only ₹7,870 to him. On this, Sood moved the consumer forum stating that the gym failed to return the promised refund amount despite his several efforts.

The registered notice sent to the gym management was returned with the report “unclaimed” and the case proceeded ex-parte.

Also Read- Mohali gym told to pay up ₹6k along with refund amount to Student

Legal Issue: Whether the complainant will get the refund or not.

Decision of the court: The consumer forum stated that the gym management chose not to contest the consumer complaint to rebut the allegations of the complainant. We are, therefore, of the view that they have nothing to say about the allegations leveled. Hence, the act of not providing proper services and thereafter not refunding the balance amount to the complainant proves deficiency in service and unfair trade practice on its part. It directed the gym to pay up. Disposing of the complaint filed by Ujjwal Sood, a student at University Institute of Legal studies, Punjab University, the consumer commission has directed Swan Genx Projects Private Limited, Phase 8B, Industrial Area, Mohali, to refund the amount of ₹7,870 to Sood with 9% interest from February 2020 till realization.

Also Read- Consumer complaint against gym [help needed]

Conclusion: Therefore, as per the facts of the case, the district consumer dispute redressal commission-I here has directed a Mohali-based gym to pay ₹3,000 as compensation for harassment and ₹3,000 as cost of litigation to a law student seeking refund of his membership fee.

Also Read- Gym told to refund ₹ 13,300 membership fee 

For case specific advice please contact consumer forum advocates lawyers in Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi .

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