Per Mr.B.S.Wasekar, Hon’ble President

1)                The complainant has filed this complaint under section 12 of the Consumer Protection Act, 1986.  According to the complainant, the O.P.No.1 is running the business of providing tutoring services for the students. The O.P.No.2 is the Proprietor of the O.P.No.1.  The complainant was in need of home tutor for the time in between 4.00 P.M. to 5.00 P.M. everyday for her younger son who is the student of second standard.  The complainant came across the advertisement of opponents.  In the month of February-2012, the complainant had talked with one Miss. Archana, Representative of the O.P.No.1 and explained the requirement of the complainant.  The tuition fee of Rs.75,000/-  was quoted to the complainant. It was told that there are about 3000 experienced and trained teachers with the opponents.  The payment of Rs.75,000/- was agreed for tuition in between 4.00 P.M. to 5.00 P.M. daily.  Amount of Rs.75,000/- was paid. The copy of receipt is produced.   The O.P.No.2 failed to supply the experienced lady teacher for tuition.  One teacher Ms.D’souza visited the complainant’s house on 1^st April, 2012.  During the discussion, Ms.D’souza told that it is not feasible for her to take tuition during that time. Thereafter, the complainant tried to contact with the O.P.No.2 for several times but she was not available on phone.  Thereafter, the complainant was informed that Ms.Vaishali will visit the house of the complainant. Ms.Vaishali told the complainant that she had not worked with the opponents.  Her attitude was not professional.  After several follow up, the opponents informed the complainant that one male tutor would visit the complainant.  The opponents were requested to provide lady teacher. Thereafter, Ms.Ansu visited the house of the complainant but she told that it was not feasible for her to visit the complainant’s house everyday.  In spite of several requests, the opponents failed to provide her tutor.  They also failed to refund the amount of Rs.75,000/- paid by the complainant therefore legal notice was issued.  As the opponents failed, the complainant has filed this complaint for recovery of Rs.75,000/- with interest.  He has also claimed compensation of Rs.1,50,000/- and cost of Rs.25,000/-. 

2)                The opponent remained though duly served therefore they are proceeded exparte. 

3)                The complainant has filed affidavit of evidence in support of her complaint.  She has also produced payment receipt dated 17^th March, 2012, copy of passbook showing the payment of Rs.75,000/- by cheque.  She has also produced copies of correspondence.  The evidence produced by the complainant remained unchallenged.  The evidence on record is sufficient to prove the payment of Rs.75,000/- to the opponents.  As the opponents failed to provide the home tutor as agreed, the opponents are liable to refund the amount of Rs.75,000/- to the complainant.  As the opponents failed to provide home tutor to the son of complainant, the complainant suffered from mental agony.  Therefore, the opponents are liable to pay the compensation to the complainant.  We think compensation of Rs.10,000/- will suffice the purpose.  Besides this, the complainant is entitled for cost of this proceeding Rs.2,000/-.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.
2. The opponents are directed to refund the tuition fees to the complainant Rs.75,000/- (Rs.Seventy Five Thousand Only) with interest at the rate of 9% per annum from the date of filing of complaint i.e. 6^th August, 2013 till realization.
3. The opponents are also directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant towards mental agony.
4. The opponents are further directed to pay Rs.2,000/-( Rs.Two Thousand Only) to the complainant as cost of this proceeding.
5. The above order shall be complied with within a period of one month.
6. Copies of this order be sent to the parties free of cost.

Pronounced

Dated 5^th June, 2014