Gym membership company refuses cancellation and refund

Yes, you likely have strong grounds to seek a refund. When a gym fails to provide the facilities or services it promised at the time of sale, this amounts to a deficiency in service under Indian consumer law, and you are entitled to approach a consumer forum for relief. Refusing a cancellation under these circumstances does not override your legal rights as a consumer.

Key points

• A gym membership is a service contract, and failing to deliver promised facilities is considered a deficiency in service.
• The gym cannot simply enforce a no-refund or no-cancellation policy if it has not fulfilled its part of the agreement.
• You should document all evidence of the missing facilities — photographs, written complaints, and any promotional material or brochure that listed those facilities.
• Send the gym a formal written complaint (email or registered post) demanding cancellation and refund before escalating.
• Consumer cases of this nature are typically resolved relatively quickly at the District Consumer Commission level.

Relevant law

Your claim would be governed by the Consumer Protection Act, 2019, specifically provisions relating to deficiency in service (Section 2(11)) and unfair trade practices (Section 2(47)). Since your annual membership fee is almost certainly below ₹50 lakh, your case falls within the jurisdiction of the District Consumer Disputes Redressal Commission, Pune.

What you can do

• File a complaint online through the e-Daakhil portal (edaakhil.nic.in), the official government platform for filing consumer complaints digitally.
• Approach the District Consumer Disputes Redressal Commission, Pune in person if you prefer to file physically.
• Lodge a complaint on the National Consumer Helpline (call 1915 or visit consumerhelpline.gov.in) for initial guidance and mediation.
• Consult a consumer law advocate in Pune who can assess your specific documents and help you draft a strong complaint.