Haryana

Ambala

CC/245/2019

Chirag - Complainant(s)

Versus

A.K. Vidya Mandir - Opp.Party(s)

16 Dec 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint case No.:  245 of 2019.

                                                          Date of Institution            :  08.08.2019.

                                                          Date of decision    :  16.12.2019.

 

Chirag son of Shri Virender Chadha, age 19 years, H.No.84, Chanderpuri, DRM Office, Ambala Cantt.

                                                                                       …. Complainant.                                                 Versus

A.K.Vidya Mandir through its owner/prop./authorized representative Ms. Anu Sharma, r/o H.No.218, Sector 40-A, Chandigarh.

               ..…. Opposite Party.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Ashutosh Aggarwal, Advocate for the complainant.

OP proceeded against ex parte vide order dated 24.09.2019.

 

ORDER:     SMT. NEENA SANDHU, PRESIDENT.

 

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’), praying for issuance of following directions to it:-

1. To refund the amount of Rs.40,000/- alongwith interest @ 18% per annum, from the date of payment till its realization.
2. To pay Rs.20,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.15,000/- on account of deficiency in service.
4. To pay Rs.15,000/- on account of unfair trade practice.
5. To pay Rs.9,000/- as litigation expenses.

 

                   The complainant had earlier filed a complaint against the OP having complaint case No.87, dated 07.03.2018, titled as ‘Virender Chadha versus A.K.Vidya Mandir’  and the same was withdrawn on 29.01.2019, with permission to file afresh as and when new address of the OP is found. It is pertinent to mention here that the said complaint was filed by the father of the complainant, complainant being minor at that time. Subsequently, after getting correct address of the OP, the complaint was again filed against the OP having complaint case No.224, dated 19.07.2019, titled as ‘Virender Chadha versus A.K.Vidya Mandir’ and it was also withdrawn on 26.07.2019, due to legal defect as at that time when the said complaint was filed, the complainant had attained the age of majority, whereas inadvertently the said complaint was filed by his father Shri Virender Chadha. The present complaint has been filed by Chirag, after attaining the age of majority and after tracing out the correct address of the OP.

                   The brief facts of the present complaint are that the complainant was studying in class 10+1 in Non-Medical Stream in the year 2017. To get admission in some decent and renowned engineering college, he took admission in the classes-IIT/JEE/Main Advance for the Session 2017-18 in the institute run with the OP. The OP was running its institute at Ambala under the name- A.K.Vidya Mandir Private Limited, Ambala Centre situated at-A.S. Tower Building, Opposite GPO, Staff Road, Ambala Cantt. As, he was intelligent and had scored A1 Grade in 10^th Class, so the verbal contract was arrived at against the payment of Rs.50,000/- for one year to be paid by the complainant to the OP in three different installments i.e 1^st installment of Rs.20,000/-, 2^nd installment of Rs.20,000/- and 3^rd installment of Rs.15,000/-. OP assured in writing on the plain paper alongwith printed prospectus to the complainant to provide expert classes/education for the subjects i.e. Chemistry, Physics and Maths. It was specifically told by the OP that the classes will be held for five days in a week and the duration of the classes per day will be from 3PM to 6PM. To clear doubts if any, the experts teachers had been appointed to solve the doubts or difficulties of the students. The OP also assured that the institute had library comprising of many special books on topics related to the subjects of Chemistry, Physics and Maths and the students could spend time in the library to consult the said books for better understanding and expertise on the topics concerned. It was also assured by the OP that there will be a separate expert teacher of every subject for the daily classes and a test paper on 2^nd and 4^th Saturday of every month would be conducted to determine/calculate the student’s performance. It was assured that there would be interaction-program of the expert teachers with the parents of the students, so that the parents might get true status of evaluation of their wards. On assurance advanced by the OP, the complainant duly paid Ist instalment of Rs.20,000/- in cash vide R.No.14480 dated 08.06.2017. He started taking classes, but found lot of discrepancies found in the institute of the OP situated at A.S. Tower Building, Opposite GPO, Staff Road, Ambala Cantt., right from the first day which is as follows:-

1.    There was no library in the said institute.

2.    Only two teachers or sometimes, only one teacher was there     instead of three separate expert teachers for each subject.

3.    As the class test/paper was to be conducted by the OP, on every         2^nd and 4^th Saturday of every month, but the classes were not        conducted regularly and test was being conducted only once in a       month.

4.    Most of the times, the teachers in the institute used to take leave         own their own without prior intimation or information to the     students. No extra classes were held to cover the said lapse and         whenever the students made phone calls for the status of the        classes during the said period, the mobiles of the teachers were           found to be out of reach or out of coverage area or switched off every time, as a result whereof many a times he had to go back         bare hand, there being no classes.

                    In the month of August, 2017, the OP asked the complainant to pay Rs.20,000/- as 2^nd instalment to continue the studies further. Complainant requested the OP to provide proper classes and test papers as per the scheduled time format as was assured at the time of admission. On the assurance of the OP, complainant again paid the 2^nd instalment of Rs.20,000/- vide R.No.14434 dated 11.08.2017. However, there was no improvement in the structure of the classes and tests were not being conducted properly. The worst part was that after a week of payment of 2^nd instalment of Rs.20,000/-, the institute of A.K. Vidya Mandir, Private Limited, Ambala Centre was closed by the OP because of some rent problem. After 15-20 days OP again opened its premises at some new place so that the 3^rd instalment of Rs.15,000/- might get recovered from the complainant and pending hefty amounts from the other students. Complainant refused to pay the pending amount of Rs.15,000/- as the classes and tests were not being regularly taken. After 20-25 days, the institute in new premises was also wound-up by the OP without any prior notice or information to the students. Complainant and his father tried to contact the OP at Chandigarh on the phone number mentioned in the payment receipts, but OP always avoided to take calls of the complainant. Out of 170 days, OP opened its institute for only 85-90 days intermittently and thus only 30% of the Maths, 50% of the Physics and 20% of the Chemistry course was covered up in those irregular classes and hence the major part of the course remained still pending by that time. The said act of the OP amounts to deficiency in service. Hence, the present complaint.

2.                Upon notice, none has appeared on behalf of the OP before this Forum, therefore, OP was proceeded against ex-parte vide order dated 24.09.2019.

3.                The ld. counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 to C-7 and closed the evidence on behalf of complainant.

4.                We have heard learned counsel for the complainant and carefully gone through the case file.

5.                The learned counsel for the complainant has contended that in order to get admission in a good Engineering College the complainant opted to take coaching from the OP. At the time of taking the admission, OP assured him that it will provide best education by appointing experts for each subject and will provide best facilities. But the complainant after joining the said institute found that classes were not regular and facilities as assured by the OP, were not provided. Not only this in a short span of time, the OP shifted its institute twice and ultimately closed it, which shows that the OP had opened the institute just to grab the money from the students and not for providing education. Since, the OP failed to provide the education to the complainant in a proper manner, therefore it is liable to refund the amount of Rs.40,000/-, which the complainant had paid in two installments i.e. Rs.20,000/- as Ist instalment vide receipt dated 08.06.2017 Annexure C-5 and Rs.20,000/- as IInd instalment vide receipt dated 11.08.2017 Annexure C-6. It is also liable to pay compensation on account of deficiency in service, unfair trade practice and mental agony and physical harassment caused to him alongwith litigation expenses. This contention of the Ld. counsel for the complainant has gone unrebutted and unchallenged as the OP preferred not to appear before this Forum and thus, we have no other option, except to believe the contention of the Ld. counsel for the complainant, which is duly supported by the affidavit of the complainant and other supporting documents. Three Judges Bench of Hon’ble Supreme Court of India, in the case of Budhist Mission Dental College & Hospital Vs. Bhupes Khurana & Others, Civil Appeal No.1135 of 2001, decided  on 13.02.2009, has held that imparting of education by educational institute for consideration falls within the ambit of service as defined under the Consumer Protection Act.

6.                Even in the present case OP is an educational institute, therefore complainant is consumer qua the OP. Considering all the facts of the case, referred to above we hold that by not imparting education to the complainant in a satisfactorily manner, the OP has committed deficiency in service and is thus, not only liable to refund the fee paid by the complainant to it, but is also liable to compensate the complainant for the mental agony and physical harassment suffered by the complainant alongwith litigation expenses. From the receipts Annexure C-5 & C-6, it is clear that the complainant had paid a sum of Rs.40,000/- to the OP. Therefore, OP is liable to refund the said amount of Rs.40,000/- received from the complainant as fee.

7.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To refund Rs.40,000/- alongwith interest @ 7% per annum, from the respective date of payment, till its realization.
2. To pay Rs.5,000/- as compensation for deficiency in service, unfair trade practice and mental agony and physical harassment suffered by the complainant.
3. To pay Rs.3,000/- as litigation expenses.

 

 

                   The OP is further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order, failing which the amount mentioned at serial No.(i) shall carry penal interest @ 9% per annum instead of @ 7% per annum and the amount mentioned at serial no.(ii) & (iii) shall carry interest @ 9%  till its realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room. 

Announced on :16.12.2019.

 

 

 

          (Vinod Kumar Sharma)  (Ruby Sharma)               (Neena Sandhu)

              Member                         Member                       President