Point of Law: Covid-19 - Cancellation of Sports membership - Duty of the Petitioner to make payments of the subscription fees so as to ensure continuance of the same.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. Aggrieved by the termination of the membership of the Petitioner by the Saket Sports Complex, the instant writ petition has been filed with the following prayers:

“(a) Pass a writ in the nature of mandamus or any other appropriate writ, order or direction thereby directing the respondents No. 1 and 2 to take corrosive action against the respondent No. 3 and 4, for not following the guidelines of natural justice and providing the opportunity to the petitioner for depositing the membership fees and restored the membership of the petitioner without any penalty charges.

(b) Pass direction or order to the respondent No. 3 and 4 for restoring the membership of petitioner without any penalty charges.

(c) Pass directions to the respondents no. 3 and 4 to compensate the petitioner due to non-restoring the membership the petitioner suffered a lot and could not join the swimming with his family members within time.

(d) Pass any direction or order against the respondent No. 3 and 4 who are not following the guidelines of the natural justice and also pass direction to the respondent No. 1 and 2 to frame guidelines and take action within time.

(e) Pass any other and further order as this Hon'ble Court may deem fit, just and proper in the present facts and circumstances of the case.”

2. The facts, in brief, as narrated in the instant writ petition are that the Petitioner is a practicing advocate in Delhi. It is stated that the Petitioner had got the membership of DDA Sports Complex, Saket, New Delhi, and he has been paying the subscription fees of the Sports Complex on a regular basis. It is stated that due to outbreak of COVID-19, all the facilities of the Sports Complex were closed in light of the directions issued by Government from time to time. It is stated that the Petitioner, his wife and children had contracted COVID-19 due to which the Petitioner was not in position to avail the facilities of the Sports Complex from April 2020 to March 2022. It is stated that when the Delhi Government relaxed most of the restrictions, the Petitioner visited the Sports Complex to enquire about the commencement of swimming activity, and he was informed that his membership had been cancelled. It is stated that the Petitioner, thereafter, sent a legal notice to the Respondent/DDA regarding the cancellation of his membership. It is stated that the Respondent/DDA sent a reply to the legal notice sent by the Petitioner informing him that he was duly informed regarding the non-payment of subscription vide email dated 09.01.2020 on his registered email ID. The DDA in it reply also stated that the membership of the Petitioner had been cancelled with effect from 14.10.2021 due to non-payment of membership subscription fees from 01.01.2020 to 14.10.2021.

3. Contending that the membership of the Petitioner had been cancelled without following the due procedure of law and also that the Petitioner was not liable to pay the subscription fee since the Sports Complex was not offering any services amidst the outbreak of COVID-19, the instant petition has been filed.

4. Heard the Petitioner, who appears in - person, Mr. Ashim Vachher, Standing Counsel for the DDA, and perused the material on record.

5. The Petitioner, who appears in person, has reiterated the averments in the writ petition and states that his membership ought not to be terminated. He states that he has not been informed about the arrears of subscription. He states that a communication was sent by the Respondent No. 2 to all but the same has not been received by him.

6. Mr. Ashim Vachher, Standing Counsel for the DDA, submits that an email dated 09.01.2020 was sent to various members of the Sports Complex, including the Petitioner herein, by the Secretary, Saket Sports Complex, DDA, informing them about the non-payment of the subscription fee. Mr. Vachher further submits that a letter dated 29.08.2020 was also sent to the Petitioner informing him that his monthly subscription wa