Gym closes before 10 pm despite ‘advertised’ timings, ordered to pay member Rs 6,500

The Amritsar District Consumer Commission has directed a gym to pay Rs 6,500 to a 26-year-old member after finding that it failed to provide services as promised, including access to facilities until its advertised closing time of 10 pm. The man claimed that the gym lacked proper safety measures, including emergency medical assistance and sanitised equipment, putting his health and well-being at risk.

President Jagdishwar Kumar Chopra, along with member Mandeep Kaur, was hearing the complaint filed by the man, who said he had to join another gym in January 2025 after facing problems with the services provided by the gym.

“Due to non-providing of the services as assured by the opposite party, the complainant had to move to another gym in January 2025; as such, it is own case of the complainant that he availed the services of the opposite party for almost two months. The act of the opposite party (gym) in not properly providing the services despite taking the requisite charges for the same amounts to deficiency in service,” the October 21 order read. 

Poor facilities, no refund

The man claimed that he joined the gym on November 13, 2024, for a six-month membership costing Rs 5,760. He said his scheduled timings were from 8 pm to 10 pm and that the gym had assured him of a hygienic and safe environment, along with professional trainer services.

However, he alleged that the gym frequently began closing before its advertised closing time, switching off the lights before 10 pm.

According to the man, the steam bath machine also remained out of order despite repeated requests for repairs. He alleged that the gym failed to provide the services it had promised.

The man said he had to join another gym in January 2025 on medical advice to continue exercising as part of his rehabilitation. He claimed to have spent an additional Rs 15,000 on the new membership. He also alleged that the gym refused to refund his membership fee despite his requests.

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Aggrieved, he approached the commission, alleging deficiency in service, financial loss, mental harassment and inconvenience. He was represented by advocate Rajan Kataria. 

Gym’s defence

The gym, through advocate Amarpreet Singh Grove, denied that the complainant joined them in November 2024. It was added that the complainant took membership of the gym in October 2024 and he filled the form in his own handwriting and signed the same after reading, understanding and admitting all the rules and regulations. 

The gym also denied allegations that it lacked proper safety measures, emergency medical assistance and sanitised equipment, maintaining that these claims were false.

‘Gym failed to prove its stand’

The commission found that since the gym advertised its operating hours as extending until 10 pm, members were reasonably entitled to use its essential facilities during those hours.

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“Merely displaying notices regarding the winding-up process does not, by itself, absolve the opposite party (gym) of its obligation to provide the services represented to consumers, particularly when there is no convincing evidence that this restriction was specifically disclosed and accepted at the time of obtaining membership,” it added. 

The commission also found that the gym failed to prove that the gym facilities were made available strictly in accordance with the assurances given to the complainant at the time of availing their services. 

“The act of the opposite party (gym) in not properly providing the services despite taking the requisite charges for the same amounts to deficiency in service,” it added. 

Takeaway 

The ruling highlights that gyms must provide the services they promise to members, including access to essential facilities during their advertised operating hours.

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Consumers facing similar grievances may contact the consumer helpline in their respective states (Punjab helpline: 1800-425-1082) or dial the National Consumer Helpline at 1915 for assistance.

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