DEFICIENCY IN SERVICE & NEGLIGENCE. Severe Accident on 13 July 2025 at Cult Gym Sion with Personal Trainer

dorothysharma

dorothysharma

New member
Dealer Name
Cultfit Healthcare Pvt Ltd
Company Name
Cultfit Healthcare Pvt Ltd
Product Name
Gym and Personal Training
Customer Care Number
18005726303
Loss Amount
2862872
Ratings
5.00 star(s)
Opposite Party Address
Flat No C-305 , Floor - 3 , BUILDING NO M2C , Wing - C , MHADA COLONY , PRATIKSHA NAGAR ROAD NO 1 , OPP T-1 BLDG , SION ( E ) , MUMBAI , 400022

1. Name of the Complainant​

Dorothy Sharma
(Consumer & Member of Cult Gym)

2. Name and Address of the Opposite Party
Cult Gym (Sion Branch)
Operated by Cult.fit / Curefit Healthcare Pvt. Ltd.

3. Facts of the Case​

  1. I, Dorothy Sharma, am a paying member of Cult Gym and was availing personal training services at the Cult Gym, Sion branch.

  2. On Sunday, 13 July 2025, between 7:30 am and 8:00 am, while performing a squat exercise under the supervision of a personal trainer appointed by Cult, I met with a severe accident.

  3. During the workout, I was guided by the Personal Trainer Mr. Sehran Khan to squat for 130 kg. After completing my last repetition, I clearly informed the trainer that I was unable to rack the bar. Despite this clear warning, the trainer failed to take immediate preventive action or provide physical assistance.

  4. Due to the trainer’s inaction and lack of vigilance, the bar slipped from my hands / had to be thrown behind, resulting in a serious fracture to my right hand.

  5. I have over 10 years of strength training experience and am fully aware of standard gym safety practices. During heavy lifts, it is the professional duty of care of a trainer to remain alert and intervene physically when required. The trainer’s failure amounts to gross negligence and deficiency in service.

  6. The negligence continued after the accident. There was:
    • No first aid support
    • No medical assistance
    • No emergency protocol initiated
    • No staff accompaniment to the hospital
    • I had to call my husband to transport me to the hospital, despite being seriously injured.

  7. On 15 July 2025, I underwent surgery involving two plates, bone grafting, and related procedures. My medical expenses have amounted to approximately ₹6,00,000.

  8. I have been rendered physically immobile for nearly three months, suffered immense pain and mental trauma, and experienced a major setback to my fitness progress (almost 10 years). I am still uncertain about my ability to resume strength training.

  9. I shared all medical records with the gym management over WhatsApp. However, even after more than a month:
    • The accident was not formally documented
    • No proper incident report was shared
    • No meaningful resolution or acknowledgment was provided
    • The service ticket raised was closed without any resolution
  10. Initially, I only requested a pause of my membership and personal training sessions. Due to continued apathy and lack of accountability, I am constrained to seek legal remedy.

4. Cause of Action​

The cause of action arose on 13 July 2025 and continues thereafter due to:
  • Negligence by the trainer
  • Absence of safety and emergency protocols
  • Failure to provide first aid and medical assistance
  • Deficiency in service under the Consumer Protection Act, 2019

5. Grounds for Complaint​

The Opposite Party is guilty of:
  • Deficiency in service
  • Negligence
  • Unfair trade practice
  • Violation of duty of care
  • Failure to ensure consumer safety despite charging fees for supervised training

6. Reliefs Sought​

The Complainant respectfully prays that the Hon’ble Consumer Commission may be pleased to:
  1. Direct the Opposite Party to pay compensation towards:
    • Medical expenses of approximately ₹6,00,000
    • Physical injury, pain, suffering, and mental trauma
    • Loss of mobility and long-term fitness impact
  2. Direct the Opposite Party to provide a complete incident report, including:
    • Trainer’s statement
    • Internal investigation findings
    • Corrective and preventive actions taken
    • Direct the Opposite Party to issue a formal written apology.
  3. Award costs of litigation to the Complainant.
    Pass any other order(s) deemed fit in the interest of justice.

7. List of Documents Attached​

  • Surgery reports
  • WhatsApp communication with gym staff
  • Copy of legal notice from laywer to which Cult has failed to reply

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