Personal injury in a gym - consumer case - indirapuram ghaziabad
naveen kashyap
(Querist) 25 August 2011
This query is : Resolved
Hi,
I joined a gym to work out in indirapuram. within two months i developed severe back pain and had to leave. the doctors advised MRI and it came that my lumbar (spine) was fractured and i needed long physiotherapy and medication etc to stop it from getting worse.
Doctors advised me to stop gym and no heavy lifting of heavy things, not prolonged sitting and less household work.
I incurred Rs.14000 in medication and doctors fees.
I asked the gym to cancel my subscription and refund my money. they refused.
I want to file a consumer case against the gym. I am based in Indirapuram ghaziabad.
please help me.
Naveen kashyap
9312130882
prabhakar singh
(Expert) 25 August 2011
You can ,if you can show that there is an instructor in the gym under whose supervision your weight lifting was going on but he was not well adept with art and science of weightlifting and due to his negligent instruction you have met the injury for which you are entitled not only to medical expenditure but also for compensation and damages as well as refund of subscription fee as the same amounts to defeciency of service.
ajay sethi
(Expert) 25 August 2011
when you paid gym subscription fees there must be a clause in agreement that gym fees are not refundable .
you have stated that you were doing weights in gym .
did you start with heavy weights ? or did you start with 10 pounds and gradually increased .
was there a gym instructor present in gym during your exercise time ?
did you follow his instructions ? was gym instructor qualified?
consult a local lawyer . inorder to build a case as suggested by Mr prbhakar singh you will have to prove negligence on part of gym
Sankaranarayanan
(Expert) 25 August 2011
yes my great friend sri prabhakar singh's version is so correct. u can file a suit against the instructor (if deputed by the management of gym.)
naveen kashyap
(Querist) 25 August 2011
Mr. Prabhakar/Ajay, Thanks for your reply.
The gym has a general instructor who supervised the exercise and scheduled the activities for all.
I did not do heavy weights and all the exercises were advised by the gym instructor.
I told him that i am having pain after doing certain exercises, which he ignored by saying that these are general pain and nothing to worry about.
After two weeks i realized that the pain is not gone but increased.
When i told the gym management about this they said its general pain and you should take rest.
Later, when i consulted the orthopedic surgeon, and after doing MRI, it was diagnosed that there was a puncture in my lumbar and should take therapy and medication.
who should I talk , since you people are experts in this field.
regards
naveen kashyap
9312130882
prabhakar singh
(Expert) 25 August 2011
you should now seek services of either Mr.Raj kumar makkad or of Mr.R.Ramchandran,both are from Delhi and are Experts on this forum.
I am faraway 2render any personal service to you,facts stated by you,if proved,you will win.How to prove is a strategy formed by lawyers by having negotiations about circumstantial facts coming out of conferencing.
naveen kashyap
(Querist) 06 September 2011
dear sir,
can you help me with contact details of Mr. Raj kumar makkad or Mr R Ramchandran, to take this forward.
prabhakar singh
(Expert) 06 September 2011
Mr. Raj Kumar Makkad
can be contacted on rkm_makkad@yahoo.co.in or mehrunifhussain@gmail.com or my cell : 09416058227 & 01664257227 (LL).
