"It took 2,480 yuan to get a fitness card for three years, and it took 5 months to go to the store. On April 7, Mr. Zhou, a citizen of Ankang, reported to Huashang Daily - Ersanli Information that in May 2022, David Fitness Club held activities, and he spent 2,480 yuan to get a three-year fitness card, and after 5 months of use, the store was closed on the grounds of the epidemic, and then it was not open until the store was empty, without any warning in advance, and the store did not make any notice and explanation on this matter in the member group, he has complained and defended his rights in many ways but still to no avail, and there are more than 200 members in a similar situation to him.
Citizens: Spend 2,480 yuan to get a three-year fitness card to practice for 5 months, and more than 200 consumers are involved in such situations
Mr. Zhou said: "Two years ago, David Fitness Club Nanyuan International Store held an event promotion, and at that time, it spent 2,480 yuan on a three-year fitness card (excluding private training classes). After practicing for 5 months, the club claimed that the store was temporarily closed due to the epidemic, but I didn't expect this adjustment to be open until now, and now the door is locked, people go to the building, and the phone can't be contacted, and I am expected to have a similar situation of about 200 people. ”
On April 7, the reporter drove to Party School Road, Hanbin District, Ankang City, and saw the store rented by David Fitness Club in the store on the street in Nanyuan International Community, but the door was locked, and no contact information or notice was posted on the door. "Because the single amount is not large, and the time and cost of litigation are large, many members can only suffer dumb losses. Mr. Zhou said.
A nearby merchant said that David Fitness Club has been closed for more than a year, and the store is currently idle and not leased. The reporter also learned from the company responsible for the leasing of the shops on the street that the store has not opened since its closure in 2022, and now they are still owed more than 100,000 yuan in rent unpaid.
Store: The three stores of David Fitness Club have closed their doors one after another, and consumers have not received any announcement about the store's refund in advance
It is understood that David Fitness Club has set up 3 institutions in Ankang, namely Nanyuan International Store, Daqian Impression City Store, and Central Plaza Store, which will be closed in 2021 and 2022 successively, but as a consumer, they have not received relevant information and public announcements from the store in advance on resolving member refunds.
The reporter called the contact information reserved before David Fitness many times, but either it was an empty number or no one answered.
Investigation: The legal person was listed as a dishonest executor to restrict high consumption, and the enterprise was involved in a number of lawsuits and was listed as abnormal business by market supervision
According to the company's investigation, the registration information of David Fitness Club for the fitness card handled by the citizen is David Fitness Club, Hanbin District, Ankang City, which was established on March 6, 2017, and its business scope involves fitness services and pre-packaged video retail. The fitness club has 2 branches in Ankang, and the other two are located in Daqian and Nanyuan.
A staff member of the Market Supervision and Administration Bureau of Hanbin District, Ankang City, said that after receiving consumer complaints in October 2022, they went to the Daqian store of the fitness club to investigate, and because they could not get in touch with individual industrial and commercial households through the registration of business premises and the residence of the operator in the process of performing their duties in accordance with the law, on October 31, the company was included in the list of abnormal operations. It is recommended that consumers resolve the matter through judicial means.
According to the case numbers (2023) Shaanxi 0902 Zhi 1168 and (2023) Shaanxi 0902 Zhi 598, it is shown that on February 15, 2023, Ankang Daqian Commercial Management Co., Ltd. was sued to the Hanbin District People's Court for the failure to perform the rent of the David Construction Club, involving an amount of 291383 yuan, and at the same time involved a natural person lawsuit case with an amount of more than 27,000 yuan.
Lawyer: If there is a suspicion of fraud in a crazy recharge activity before the store closes, consumers can provide evidence to report the case or file a lawsuit to protect their rights and interests
Zhao Liangshan, a senior partner at Shaanxi Hengda Law Firm and a well-known public interest lawyer, believes that if the fitness club was not originally intended to illegally occupy other people's money, but was unable to operate due to poor management or other reasons, it was a civil dispute, and the consumer, as a victim, could only file a civil lawsuit with the court. If the fitness club was originally for the purpose of illegally appropriating other people's money, it was already unable to operate, concealed the truth, and still collected money from the public, and kept the citizens' money as its own, then this is a criminal case, and the fitness institution and its person in charge are suspected of fraud or contract fraud, and the public, as a victim, can report to the local public security organ to protect their legitimate rights and interests.
Zhao Liangshan said that if citizens choose to file a civil lawsuit in court, each consumer should sue separately. If the fitness institution has no property to enforce, the public can provide clues to the court to determine whether the fitness institution is suspected of property transfer. Therefore, it is recommended that consumers sue as soon as possible to protect their legitimate rights and interests.
Huashang Daily reporter Chen Yonghui edited by Wen Weicheng and Liu Qing