Gurugram Gym Goers Win Rs 25500 Quiet Workouts Overcrowded

The Gurugram District Consumer Commission directed a gym to refund Rs 10,000 to two members who alleged the gym was excessively overcrowded during evening hours, despite assurances of adequate equipment availability.

A bench of president Sanjeev Jindal and members Khushwinder Kaur and Jyoti Siwach found deficiency in service after the gym failed to contest the complaint. It also awarded Rs 10,000 compensation for mental harassment and Rs 5,500 litigation costs.

“In view of the discussions, the opposite party is hereby held guilty of providing deficient service to the complainants. As such, the present complaint preferred by the complainants is hereby allowed,” the commission said on August 6.

The bench directed the opposite party to refund the membership fee of Rs 10,000 to the complainants along with interest at 5 per cent per annum from the date of filing the present complaint, i.e., with effect from September 3, 2024, till its realisation.

The complainants have purchased four months’ gym membership as suggested by the opposite party for a total sum of Rs 10,000 on the assurance that it would not be overcrowded and that all the necessary equipment would be readily available during the evening hours.

The membership was to commence from April 17, 2024. The transaction in question had been duly documented, in respect of which the opposite party also issued a membership receipt to the complainants.

On April 17, 2024, when both the complainants visited the gym premises to commence their fitness exercises, according to them, they discovered that the gym was excessively overcrowded with many members waiting in line to use the gym equipment and machinery.

According to the complainants, since they were both working professionals and could only attend the gym during the evening hours, they approached the gym staff seeking resolution to the overcrowding issue, but to no avail, as the staff members of the gym remained indifferent to their concerns.

After repeated requests for a refund failed, the complainants alleged deficiency in service and approached the commission. The gym did not appear before the commission despite being duly served and was proceeded against ex parte on January 21, 2025.

The gym failed to appear despite due service and was proceeded against ex parte on January 21, 2025. Consequently, the complainants’ evidence remained unrebutted.

Since there was no evidence or defense submitted on behalf of the gym, the commission noted that it found no reason to disbelieve or discredit the complainants‘ account of events and evidence.

Based on the unrebutted facts and supporting evidence, the commission officially held the opposite party guilty of providing a deficiency in service to the complainants. The commission observed that the complainants were entitled to a full refund of their membership fee, along with compensation for the mental harassment, pain, and agony they suffered at the hands of the gym, as well as coverage for their litigation expenses.

The judgment sets a precedent holding fitness centers accountable for overpromising facilities. It reinforces consumer rights against misleading assurances regarding overcrowding and equipment access, proving that service failure, even without physical harm, warrants full refunds, statutory interest, and financial compensation for mental harassment.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Haryana helpline: 1800-180-2087) or dial the National Consumer Helpline at 1915 for assistance.

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Jagriti Rai works with The Indian Express (Digital), where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More