Petition Complaint Against Country Club Hospitality & Holidays Ltd for Deficiency in Service, Unsafe and Unhygienic Facilities, Mismanagement, Non-Fulfillment of Promised Amenities, Claim for Refund with Interest, Compensation for Harassment, and in Continuation of National Consumer Helpline Grievance Docket No. 9068070

 

Complainant:

Akib Ansari

Membership Number: CCSU275VIP5LBU75740

 

Against:

Country Club Hospitality & Holidays Ltd

Club Arzee Limited, Surat

Address: 623-624, Country Club Golden Star Hotel, Club One Circle, Next to BAPS Pramukh Swami Hospital, Old Hazira Road, Adajan, Surat, Gujarat, India-395005

GSTIN: 24AADCA1440Q1ZQ

CIN: U50101GJ1996PLC029970

 

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Most Respectfully Submitted as Under

 

I, Akib Ansari, being a member of Country Club Hospitality & Holidays Ltd, Club Arzee Limited, Surat, hereby file this petition complaint against the above service provider for persistent and long-standing deficiency in service, negligence, poor facility maintenance, denial of promised amenities, unsafe and unhealthy conditions in the gym, poor management, poor hygiene and lavatory conditions, mental harassment, and failure to honor the commitments and representations made at the time of selling the membership.

 

My Membership Number is CCSU275VIP5LBU75740. I joined the club and paid the required membership amount with the legitimate expectation that the club would provide the facilities, amenities, safety standards, and quality of service that were represented and promised at the time of purchase. I further continued as a member while annual maintenance charges were being collected, on the assumption that such charges would be used toward proper upkeep, maintenance, and functioning of the club’s services and amenities. However, the reality has been entirely different. Over a prolonged period of time, the club has failed to provide several important facilities in usable and proper condition, and has also failed to maintain even the most basic standards expected from a club accepting money from consumers.

 

This complaint is not based on one isolated defect or one recent inconvenience. It concerns a continuous, prolonged, and systematic failure of the club and its management to provide promised services, maintain safe and healthy conditions, address serious operational defects, respond responsibly to member grievances, and fulfill obligations for which money has been collected from members. The issues are serious in nature because they concern not only comfort and convenience, but also health, safety, hygiene, accountability, and fairness in service delivery.

 

 

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1. Serious and Prolonged Issues in the Gym Facility

 

The most serious and urgent problem concerns the gym facility at Club Arzee Limited, Surat.

 

The gym is situated in an underground area, which already makes ventilation, air circulation, temperature control, and overall air quality matters of utmost importance. In such an enclosed underground facility, proper ventilation and air-conditioning are absolutely essential to ensure that members can exercise safely, breathe properly, and use the facility without discomfort or risk. However, despite this basic requirement, the gym has been operating for a long period in a highly unsatisfactory and unhealthy condition.

 

The first major grievance is that there is no proper ventilation in the gym. The lack of ventilation has made the environment inside the gym suffocating and oppressive. Members are expected to perform physical exercise, engage in cardiovascular activity, lift weights, and undertake activities that naturally increase respiratory demand. In such a setting, proper fresh air flow is not optional—it is a minimum safety and usability requirement. Yet, the gym environment has repeatedly remained poorly ventilated, making workouts difficult, uncomfortable, and unsafe.

 

As a direct consequence of this lack of ventilation, there are serious breathing discomfort and oxygen-related issues experienced inside the gym. The poor circulation of air in an underground workout facility creates an environment that is not fit for healthy physical activity. The club is fully aware, or ought reasonably to be aware, that members exercising in an enclosed underground area require adequate ventilation and fresh air. Despite this obvious requirement, the club has failed to provide appropriate conditions.

 

The second major grievance is that the air conditioning system in the gym has been non-functional for more than 1.5 years. This is an extraordinarily long period for such an essential facility to remain out of order. A gym in an underground location without proper ventilation and without working air conditioning becomes not merely inconvenient but practically unfit for proper use. Members are forced to exercise in an atmosphere that is hot, suffocating, poorly ventilated, and physically uncomfortable, which directly defeats the purpose of maintaining a fitness facility.

 

This prolonged non-functioning of the air-conditioning system clearly establishes that the management has neglected essential maintenance and has allowed a serious deficiency to continue for an unreasonable duration. A service provider cannot continue collecting membership and maintenance charges while allowing a core facility like the gym to remain in such a degraded and unhealthy state for over one and a half years.

 

A further issue affecting the gym is that some lights inside the gym are not functioning properly and keep blinking continuously. This is another sign of long-standing poor maintenance. Flickering or unstable lights inside a gym create an unpleasant and unsafe environment. Such lighting issues may lead to discomfort, headaches, dizziness, eye strain, reduced concentration during exercise, and a potentially dangerous situation for persons with sensitivity to blinking lights, including those susceptible to seizure-related episodes. A paying member using gym equipment should not be exposed to such poorly maintained and unsafe surroundings.

 

Thus, the condition of the gym reflects not one but multiple overlapping failures:

 

• underground location with no proper ventilation,
• serious oxygen and breathing discomfort during use,
• non-functional air conditioning for over 1.5 years, and
• blinking and unstable lights creating an additional safety concerns

 

This cumulative situation makes the gym facility grossly deficient, unhealthy, and unsafe for members.

 

 

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2. Prior Official Concern and Failure to Resolve Gym Ventilation Issue

 

The seriousness of the gym ventilation problem is further confirmed by the fact that the issue had previously attracted the attention of Government authorities, and the gym was reportedly sealed / acted upon due to lack of proper ventilation. This demonstrates that the concern is genuine, serious, and not merely a matter of personal dissatisfaction or exaggerated complaint. When a facility comes under scrutiny for lack of ventilation, that itself indicates the seriousness of the issue.

 

Yet, despite such prior concern and despite the passage of a substantial period of time, the ventilation issue remains unresolved in any meaningful and permanent manner. This reflects not only neglect but also indifference on the part of the management toward a matter directly affecting health and safety.

 

 

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3. Swimming Pool Renovation After Structural Risk, but Continuing Neglect of Gym

 

Another important aspect of this complaint relates to the treatment of the swimming pool facility.

 

It is understood that the swimming pool required renovation because the roof structure above it had become weak and was reportedly at risk of falling, as a result of which the Government Authorities gave notice to stop activities and warned the club of sealing action. The club then took steps toward renovation of the swimming pool area.

 

This fact is highly relevant for two reasons.

 

First, it proves that the management is capable of undertaking repair, renovation, and corrective action when compelled to do so or when it chooses to prioritize a particular issue. Therefore, it cannot later claim helplessness, lack of resources, or inability to act.

 

Second, while action was taken in respect of the swimming pool, the same seriousness has not been shown toward the gym, even though the gym has suffered from major issues for a long period, including ventilation problems, non-functional AC, unsafe lighting, and unhealthy conditions. This clearly reflects selective maintenance, selective prioritization, and disregard for the welfare of gym users.

 

It is also important to record that the number of members using the gym is significantly higher than the number of members using the swimming pool. Despite affecting a larger body of members, the gym continues to remain neglected. This is deeply unfair and shows that the management has failed to prioritize the facility that serves more members and involves more immediate health and safety concerns.

 

 

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4. Poor Lavatory Services and Hygiene Issues

 

The club has also failed to provide proper lavatory services and to maintain acceptable levels of hygiene and cleanliness.

 

A club that charges membership and annual maintenance fees is expected to maintain at least the minimum standards of sanitation, cleanliness, and basic usability in washrooms and lavatory areas. Such facilities are not luxury amenities; they are essential services that directly affect the dignity, convenience, hygiene, and health of members.

 

However, the lavatory facilities have not been maintained properly, and the hygiene standards are not of an acceptable level. The condition of the lavatory and hygiene-related services further demonstrates that the club has failed even in respect of fundamental upkeep obligations. Such poor maintenance reduces the value of membership and shows a larger pattern of neglect across the premises.

 

It is further submitted that the lavatory, washroom, and changing area provided by the management do not have proper separate arrangements for women. This creates a highly uncomfortable, inappropriate, and inconvenient situation for both men and women members. A club facility is expected to maintain basic privacy, dignity, and gender-appropriate arrangements in washroom and changing areas. Failure to provide separate facilities reflects poor planning, poor management, and disregard for the comfort and dignity of members.

 

 

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5. Sauna Not Working Properly

 

The sauna facility is not functioning properly. This is another important promised or expected amenity that has either not been maintained adequately or has not been provided in working condition. Members pay for a club experience that includes access to multiple facilities and amenities. If such facilities are left defective, poorly maintained, or non-operational, the consumer is being denied the service for which payment has been made.

 

The failure to keep the sauna in proper working condition is another clear instance of deficiency in service.

 

 

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6. Steam Bathroom Inactive for Over 10 Years Despite Being Promised at the Time of Membership

 

One of the most serious examples of non-fulfillment of promises is that the steam bathroom / steam facility has remained inactive for over 10 years, despite the fact that this was promised at the time of purchase of membership.

 

This point goes to the very root of the transaction between the member and the club. Membership was sold not merely as access to a bare premises, but as access to a set of represented facilities and amenities. If a steam bathroom facility was part of the representation or promise made to induce consumers to purchase membership, and that facility has remained inactive for more than a decade, then this is a grave and continuing failure.

 

A club cannot lawfully or fairly continue to hold itself out as providing certain amenities, collect money from members on that basis, and then leave those amenities inactive for 10 years or more. Such conduct amounts to non-fulfillment of promises, deficiency in service, and unfair treatment of members who paid relying on the club’s representations.

 

 

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7. Management Issues and Conduct of Mrs. Sunita Vijay kumar

 

The matter is further aggravated by the behavior and attitude of the local management, particularly Mrs. Sunita Vijay kumar.

 

Whenever members raise grievances relating to the gym, ventilation, AC failure, hygiene, or other facility issues, she does not address the complaints in a responsible or solution-oriented manner. Instead, members are made to feel dismissed, ignored, or redirected without meaningful resolution. The approach has not been one of accountability or concern, but rather one of avoidance and evasion.

 

Complaints are not properly heard, not properly acted upon, and not resolved at the club level. Members are passed from one person to another, with responsibility being shifted and no one taking final ownership of the issue. Such conduct creates frustration, helplessness, and mental harassment for members who are already suffering due to the defective condition of facilities.

 

A club manager is expected to act as a responsible point of coordination, ensure timely escalation, communicate honestly, and protect member welfare. Instead, the conduct experienced has reflected poor administration, lack of accountability, and disregard for member grievances.

 

The management issue is therefore not secondary or minor. It forms an integral part of the complaint because even after repeated complaints, the response mechanism itself has failed, and members have not received proper grievance handling.

 

 

A particularly disturbing incident occurred on 3 December 2025, which clearly demonstrates both the unsafe condition of the gym equipment and the insensitive, irresponsible attitude of the local management. On that date, a gym machine, namely the leg press, broke and collapsed immediately after I had used it, while I was in my rest period. Fortunately, my legs were not positioned under the machine at that moment. Had the equipment fallen directly on me during use or while my legs were underneath it, it could have caused extremely serious injury. I immediately approached Mrs. Sunita Vijay kumar to report the incident and expressed my concern by asking, in substance, what would have happened if it had fallen on me. Instead of treating the matter with seriousness, concern, or responsibility, she responded in a casual and disturbing manner, and in the presence of my friend Harsh Shah, who had accompanied me to complain, she remarkingly stated, “gira to nahi hai na,” thereby trivializing a potentially dangerous equipment failure. Her response was shocking and deeply disturbing, especially in light of the fact that this involved a heavy gym machine that had actually broken. I attempted to preserve evidence of the incident and I have a recording saved on my phone, along with photographs of the broken leg press machine. However, when I asked for CCTV / camera footage for the purpose of making a formal complaint, Mrs. Sunita Vijaykumar plainly refused and stated that she was not responsible to answer me or fulfill my demands, and that I should email the company if I had any concern. Thereafter, the company email system only generated an automated or repetitive response stating that the concern was being escalated to higher authorities, without any meaningful action, accountability, or resolution. This incident clearly reflects not only poor equipment maintenance and serious risk to member safety, but also an alarming lack of responsibility, empathy, and grievance handling on the part of the management.

 

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8. Prolonged Duration of Issues and Continuous Neglect

 

The deficiencies complained of are not recent or short-term. They have continued over prolonged durations, including:

 

• Gym AC not working for more than 1.5 years
• Steam bathroom inactive for over 10 years
• Ventilation issues in the underground gym continuing for a long period
• Poor lavatory and hygiene services continuing without proper rectification
• Sauna not working properly
• Unsafe blinking lights in the gym
• Repeated complaints without adequate resolution

 

 

The long duration of these issues proves that the club’s failures are not accidental, occasional, or temporary. They represent a continuous pattern of neglect and non-performance.

 

 

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9. Collection of Membership and AMC Despite Failure to Deliver Services

 

Despite the above deficiencies, the club has continued to retain the membership amount and collect or benefit from annual maintenance charges (AMC). The very purpose of annual maintenance charges is to ensure upkeep, repairs, maintenance, and proper functioning of club facilities. If the core facilities remain poorly maintained, non-operational, unsafe, or unavailable for years, then the collection and retention of such charges become unjustified.

 

A member cannot be expected to continue paying or suffering the withholding of funds while receiving defective, incomplete, and unsafe services. The club has failed to provide value for the money collected.

 

 

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10. Mental Harassment, Inconvenience, and Loss of Enjoyment of Membership

 

As a result of the above conduct and deficiencies, I have suffered prolonged mental harassment, inconvenience, frustration, discomfort, and loss of enjoyment and value of membership.

 

Instead of receiving the quality of facilities that were promised, I have been compelled to repeatedly complain, follow up, and seek accountability for basic matters that should have been resolved by the club on its own. The continued non-resolution, coupled with defective facilities and dismissive management behavior, has caused substantial inconvenience and mental stress.

 

A consumer who pays for a membership is entitled not only to physical access to premises, but to reasonably maintained, safe, hygienic, and functional services. That has not been provided in this case.

 

 

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11. Grounds of Complaint

 

The present complaint is maintainable on the following grounds, among others:

 

1. Deficiency in service by failing to maintain and provide club facilities in proper working condition

 

 

2. Negligence in allowing unsafe and unhealthy gym conditions to persist

 

 

3. Failure to provide proper ventilation and air-conditioning in an underground gym

 

 

4. Poor maintenance and unsafe blinking lights in the gym

 

 

5. Poor lavatory and hygiene services

 

 

6. Failure to maintain sauna properly

 

 

7. Failure to provide steam bathroom facility despite promise at the time of membership sale

 

 

8. Mismanagement and poor grievance handling by club authorities, including Mrs. Sunita Vijaykumar

 

 

9. Retention of membership money and annual maintenance charges despite non-fulfillment of promised services

 

 

10. Mental harassment, inconvenience, and loss caused to the member

 

 

 

 

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12. Reliefs Sought

 

In light of the above facts and circumstances, I respectfully seek the following reliefs:

 

A. Immediate Corrective Relief

 

1. Immediate repair and restoration of the gym air-conditioning system

 

 

2. Immediate provision and correction of proper ventilation in the underground gym

 

 

3. Immediate repair or replacement of all blinking, faulty, and unsafe lights in the gym

 

 

4. Immediate improvement and proper maintenance of lavatory and hygiene services

 

 

5. Immediate repair and proper functioning of the sauna facility

 

 

6. Immediate activation and restoration of the steam bathroom facility

 

 

7. A written, specific, and time-bound action plan for full rectification of all above issues

 

 

 

B. Accountability Relief

 

8. Clear identification of the responsible authority / senior management person accountable for ensuring completion of corrective action

 

 

9. Appropriate action in respect of mismanagement and mishandling of complaints, including the conduct of Mrs. Sunita Vijaykumar

 

 

 

C. Monetary Relief

 

10. If the club is unable or unwilling to provide the facilities and services that were promised and for which membership and AMC were collected, then I seek full refund of my membership amount

 

 

11. Refund of all annual maintenance charges (AMC) paid / collected

 

 

12. Interest on the membership amount and AMC amounts, as the club has retained the money while failing to deliver promised and expected services

 

 

13. Compensation for harassment, mental agony, inconvenience, discomfort, health-related concerns, and non-fulfillment of promises

 

 

 

 

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13. Alternative Prayer for Refund with Interest

 

Without prejudice to the above, I specifically state that if the club cannot provide the facilities and amenities that were promised at the time of membership sale, and cannot maintain the premises in a safe, hygienic, and functional manner, then it should not be allowed to continue retaining my membership money and annual maintenance charges.

 

In that event, I seek:

 

• Full refund of my membership fees
• Full refund of all annual maintenance charges
• Interest on the above sums
• Reasonable compensation for prolonged harassment and denial of promised facilities

 

This relief is fully justified because the transaction was entered into on the basis of promises and representations regarding facilities which have either not been delivered, not maintained, or not kept functional.

 

 

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IMPORTANT NOTE

It is further submitted that, due to the continued inaction, repeated deficiencies in service, and failure of the club management to provide any meaningful resolution, I have already lodged a formal grievance on the National Consumer Helpline portal, consumerhelpline.gov.in. The grievance has been successfully registered and a docket number has been issued, namely Docket No. 9068070. The filing of this grievance clearly reflects that the matter has already escalated beyond internal complaint handling and now requires immediate and serious intervention. Despite repeated opportunities, the opposite party failed to resolve the matter internally, leaving me with no option except to seek formal consumer redressal.

 

14. Final Prayer

 

In view of the foregoing facts, I respectfully pray that this Hon’ble / appropriate authority may be pleased to:

 

Take cognizance of the present complaint against Country Club Hospitality & Holidays Ltd / Club Arzee Limited, Surat

 

Hold the service provider responsible for prolonged deficiency in service, negligence, unsafe gym conditions, poor hygiene and lavatory maintenance, non-availability of promised amenities, and mismanagement

 

Direct the opposite party to immediately rectify all deficiencies in a time-bound manner

 

Or, in the alternative, direct the opposite party to refund the membership amount and all AMC with interest

 

Further direct payment of compensation for harassment, inconvenience, mental agony, and non-fulfillment of promises

 

Pass such further orders as may be deemed fit in the interest of justice, fairness, and consumer protection

 

 

 

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Complainant:

Akib Ansari

Membership No.: CCSU275VIP5LBU75740