A consumer forum held Talwalkars responsible for an accident the complainant met with inside the gym and asked the firm to pay for the surgery and other losses incurred.
The District consumer forum recently asked Talwalkars Fitness Club to pay a compensation of Rs1.5 lakh within three weeks to a complainant, who injured his elbow while excersing.
The complainant, Kalbadevi-resident advocate Prakash Pandit was a member of Talwalkars Fitness club since 1997 and regularly visited the gymnasium that was on the third floor of a building in Juhu. As per the complaint, in early 2007, the gym was shifted to the ground floor of the building due to repairs that had to be carried out on the third floor. In August 2007, the gymnasium management shifted the a few heavy equipment to a small room on the second floor. “The total space of the room on the second floor was 200 sq.ft, and as many as 12 exercising machines were moved in the room,” Pandit’s complaint read.
On August 30, 2007, while exercising on the cross-trainer on the second floor, Pandit left hand slipped from the machine’s arm and he dashed his left elbow dashed against a wall. When Pandit called for help, the employees of the gym informed him that the gymnasium could not provide him first aid. Pandit informed his wife, who then took him to a doctor in Dadar.
The doctor after conducting preliminary test, informed Pandit that his elbow was damaged and advised him to under go a surgery immediately.
After his surgery, Pandit addressed a letter to Talwalkars demanding that they pay the losses he incurred. The firm, however, did not repond. In July 2008, Pandit approached the consumer forum and registered complaint against the firm.
In reply, the firm told the court that the complainant met with an accident outside the gymnasium and not while exercising. The forum after going through the evidence and medical reports, produced by Pandit, observed that the evidence proved that the club was at fault and the room, in which the equipment was kept, was not spacious enough to avoid accidents.
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