Consumers are now taking legal action against fitness centres for negligence and deficiency in service.
If a member is seriously injured in the gym or has developed some complication after undergoing a health program (such as a weight loss program), the member can seek refund or compensation from the fitness company.
So, if you’re a fitness trainer or a gym owner, you should take all the necessary precautions to avoid getting in any legal tangle.
Talwalkars to Compensate Patron or Injury During Workout
The Mumbai Suburban District Consumer Disputes Redressal Forum recently directed the Talwalkars Fitness Club to pay Rs 1.5 lakh compensation to a Kalbadevi lawyer who suffered a serious elbow injury during workout at its gym in 2007.
The injury happened within the fitness club’s premise, which was undergoing renovation work at that time.
Because of this, the gym equipment were moved to a smaller room on another floor which made the room overcrowded. On August 30, 2007, when Pandit was on the cross-trainer machine, his left elbow hit the wall and he sustained injury. He alleged the club did not have any First Aid facilities and an employee applied an ice pack on the injured elbow.
Once reaching home, it only got worse, because of which Pandit’s wife took him to a doctor who suggested that surgery was necessary. Because of the surgery, Pandit could not use his arm for more than a month and hence suffered a major impediment at work.
The club did not respond to a notice sent by Pandit, informing them about his mental agony and professional losses he had suffered.
Aggrieved Pandit filed a complaint with the Mumbai Suburban District Consumer Disputes Redressal Forum on July 17, 2008. In the reply, the Club contended that Pandit had not injured himself in the gym but elsewhere.
The Forum said it was proved that Pandit was a gym member at the time of the incident. It said the fact that the club had failed to respond to two notices sent by Pandit proved his version. ‘If the complainant’s version was false, then the opposite party would have replied and denied the allegations. It would not wait until the complaint was filed with the Forum,’ it observed.
While calculating the compensation amount, the Forum took into consideration the advocate’s monthly income and concluded that for the loss of a month-and-a-half income, medical expenses and agony suffered, he should receive Rs 1.50 lakh.
Chennai Man Goes to consumer Court for Faulty Weight Reduction Programme
A private fitness company in Chennai was asked to pay a fine of Rs 55,000 along with a refund of Rs 23,000 (collected as fee) to a patron, after he developed complications after joining their weight reduction program.
- On the first day, Mr Mohan (from Purusawalkam) was asked to wear a “heated coat” for 45 minutes; he removed it as the coat was uncomfortable.
- Mohan was then provided with a abdomen massage in the second session. “It was very rough and I felt severe pain and the massage was not stopped until I shouted at them,” said Mohan in his petition.
- For the next few sessions he was provided only with “flap vibrator treatment”, which too did not yield any result, and he discontinued the programmme.
- As a result of those sessions, Mohan suffered complications in his lower abdomen and urinary tract.
When Mr. Mohan’s repeated request for a refund went unheard, he went to the consumer court claiming compensation for negligence and deficiency in services, along with a refund.
Source: timesofindia
Model Hurt in Gym: Complains Against Fitness Trainer
A model filed a police case against her gym instructor as she was bed ridden for more than a month after following her trainer’s exercise routine.
A gym is a good place to exercise because of the ambiance which motivates one to exercise. However, the trainer’s over-enthusiasm or a patron’s eagerness can easily result in serious injuries, which is what happened to Gizele.
A grueling session of high kicks and rope pulls left her bedridden for one-and-a-half months. Gizele woke up with a running temperature and the morning after, she could not get up from bed because she had ruptured her disc and was in deep pain.
The model, who paid Rs 70,000 for over 30 sessions at the gym, was confined to bed for one-and-half months and her recovery now is going to be a slow one. Read full story here.
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