Chennai: Gym ordered to refund subscription fee to user

CHENNAI: A city consumer forum has directed a gymnasium to repay a part of the membership fee totalling Rs 6,120 and provide a compensation of Rs 5,000 to a resident for failing to provide the facilities it promised when offering annual membership. The complainant said even the air-conditioner was not functioning properly in the gym.

The case of complainant G Saravanan of Choolai was that he joined Fusil Fitness in his locality on August 1, 2014, and paid Rs 9,180 as annual fee. He was informed that various facilities would be available to members of the gym like certified trainers, a physiotherapist to give treatment for muscle injuries, first aid protection, tie-up with a hospital for giving treatment in case of accident and even group classes such as yoga, aerobics and martial arts. However, Saravanan said none of the services were provided.

He said when he questioned why some of the facilities were not available, he was stopped from coming to the gym and the portion of subscription for the remaining period was not refunded.
The opposite party failed to refund the amount, thereby proving it had committed deficiency in service, the District Consumer Disputes Redressal Forum, Chennai (North), presided over by president K Jayabalan, said.

Saravanan said the gym was not maintained properly and there were no clean bathrooms, steam bath or clean drinking water. The gym, however, responded saying all the facilities were provided and it was the complainant who behaved badly with women at the gym and therefore, was made to leave the gym as he had violated the terms of admission.

“To prove that the complainant behaved badly with female members, none of the female members has filed evidence before this forum in support of the opposite party,” the forum said. “Further no other document was filed by the opposite party that the complainant misbehaved with female members.