One instructor from one gymnasium whom the owner had full faith had stolen the record of the members and their phone numbers. He started his gymnasium with one financier. The gymnasium is registered under one name under Shop & Establishment Act with the financiers as partners and owners. The gynasium is being run under someother banner, i.e. __X__ fitness Owner:____Y____ fitness. I am of the opinion that he is doing this to avoid service tax. He had contacted various members of the other gym, (where I was also going) and promised that the facilities in the proposed new gym is good, the temperature will be maintained cool etc. Now, the financiers have put two persons to run this gym, these two persons being the erstwhile trainers in the old gym. They do not maintain proper temperature due to which many people sweat a lot during work out. When I told him about this he said that so many a/cs are working etc. etc. I told him to switch on atleast two seperate A/Cs for 5/10 minutes when I work out. He refused. I sent the Company and the two partners three letters by speed post. They did not reply. I sent a final notice that if they do not maintain proper temperature within two days after the receipt of the letter, I will be constrained to approach Consumer Court, this was returned to me with the reason "Refused". In the meantime he had displayed one letter in the notice board signed by 40/50 persons that (1) the temperature is maintained properly (2) gym is clean (3) toilet is clean etc. That is, he has started gathering persons to confront me. One of my friends told me that it is difficult to prove this since I do not have any pamphlets where he had promised that he would keep cool temperature. Another friend told me that I may not be able to prove and the court may levy a fine of Rs. 10,000/- on me.Since I am a resident of Chembur, I will have to approach Bandra court. I request the advocate-members to guide me as to how can I file a case in Consumer Court.
