Fixing time limit for using treadmill amounts to deficiency in services

The Delhi State Consumer Commission has held a global health club operator deficient in service as it fixed the time for using the treadmill to accommodate more members to make profit and thereafter gagging two its members for raising the issue of quality by canceling their membership.

Delhi State Commission held health club operator “ Fitness First India” was held guilty of deficiency of services as it dismissed its appeal against the order of the District Consumer Dispute Redressal Forum which had directed to pay Rs. 2 lakh to its complainant.

The commission observed, “ It is not the case of the OP( Fitness First) that it had prescribed any time limit for the use of any machine. The controversy arises only when the OP fixed a time limit of a minute for the use of a treadmill. The said limit clearly deteriorated the quality of and it was the case of deficiency of services.

In the present matter, the commission also observed that the complaint's membership was canceled for complaining about the deteriorating quality of service at the gym.

The commission said, “ OP, as referred to above, had 3,000 members in its club in Connaught Place, Delhi. It fixed the time limit so as to accommodate more number of members and earn more profits. Gagging the mouth of the complainants for raising the issue of quality is totally against the principles of the Consumer Protection Act, 1986, which has been legislated with an object of protecting the interests of consumer. I am, therefore, of the considered opinion that the trial forum rightly held that OP was & lsquo deficient in service' when it reduced times of the treadmill for its members.”

“ Section 14(f) of the Consumer Protection Act, 1986, provides for the discontinuation of the & lsquo unfair trade practice' or for restricting trade practice or not to repeat them. In other words, law does not take cognizance of only one event but goes upto avoiding repetition of any unfair trade practice. In the case of hospitals or doctors committing medical negligence, consumer courts often give directions to the Medical Council of India or such regulatory authorities to cancel the licenses of erring hospitals/doctors. The plea thus raised by the Counsel for the OP/Appellant is devoid of merits.”

While awarding them compensation of Rs 2 lakh, the district forum also observed that the fine-print conditions relied upon by the club were unilateral. Membership could be terminated by efflux of time or in the event of complainants violating any rules and regulations of the club. It could do its business, subject to reasonable restrictions, including public laws and force.