DISTRICT CONSUMER DISPUTES REDRESSAL FORUM NORTH-WEST,
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1278/2016
D.No._____________________ Dated: ________________
IN THE MATTER OF:
Ms. PREETI D/o SH. VIJAY PAL SINGH,
R/o U-362, MANGOL PURI,
DELHI-110083. … COMPLAINANT
Versus
ACADEMY OF FUTURE TEACHER &
EDUCATION PVT. LTD.,
CORPORATE OFFICE: B-12, PRASHANT VIHAR,
SEC.-14, ROHINI, DELHI-110085.
ALSO AT: - D-11/156, SEC.-8,
ROHINI, DELHI-110085. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMAD, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 10.12.2016
Date of Decision: 26.04.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under Consumer Protection Act, 1986 on the allegations thatfor the year 2012-2013, the complainant enrolled herself in Vedant Institutei.e. Institute For Future Teachers & Education for M.Ed and paid
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Rs.10,000/- on 31.12.2012 towards registration charges and OP assured that admission will be done in MDU, Rohtak and the complainant has to go Rohtak for appearing examination only. The complainant further alleged that after sometime OP gave admission to the complainant in Jiwaji University, Gwalior but OP did not give any information to the complainant, then the complainant received a phone call from OP for payment of the rest of the fee of total amount of Rs.85,000/- and OP demanded of Rs.40,000/- as counseling fees but the complainant was unable to pay Rs.40,000/- in a single installment and the complainant was requested to pay to OP in installments and after assurance the complainant paid Rs.47,000/- i.e. Rs.15,000/- on 26.06.2013, Rs.10,000/- on 17.08.2013 & Rs.22,000/- on 01.09.2013 to OP. The complainant further alleged that during the first three years OP did not give any information of the examinations and on repeated telephonic request and personal visit to the office of OP, it was revealed to her that due to elections no examinations is being conducted in the University and in the year-2014, OP asked the complainant to pay Rs.40,000/- in one single installment for appearing in the examinations and on refusal by the complainant to pay Rs.40,000/- OP did not allow the complainant to appear in the examination. The complainant further alleged that as she has already paid Rs.57,000/- to OP there was no question of demand of Rs.40,000/-. The complainant further alleged
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that due to poor financial position she could not pay the remaining amount of the course fee. But OP insisted for payment of balance amount and assured the complainant that she can appear in the examination for the next year. The complainant further alleged that she did not receive any telephone from OP and contacted OP in June-2016 and OP asked the complainant to arrange a medical certificate of November-2014 and assured the complainant that OP would seek permission from University authorities and in case of refusal by the University authorities, the amount paid by the complainant shall stand forfeited.
2. On these allegations the complainant has filed the present complaint and prayed to refund the money as the complainant did not have faith on OP.
3. Noticeswere issued on both the addresses to OP through speed post for appearance on 06.03.2017, 26.04.2017& 23.08.2017 and as per track reports notices were delivered on both the addresses on 06.01.2017 on 1st address and 02.08.2017 on 2nd address but none for OP appeared on 06.03.2017, 26.04.2017 & 23.08.2017 and as such OP was proceeded ex-parte vide order dated 23.08.2017.
4. In order to prove her case, the complainant filed her affidavit in evidence and has also filed written arguments. The complainant has also placed on record copies of receipts no.1286 dated 31.12.2012
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of Rs.10,000/-,receipt no.AF-U/015 dated 26.06.2013 of Rs.15,000/-, receipt no.AF-U/318 dated 17.08.2013 of Rs.10,000/- & receipt no.AF-U/419 dated 01.09.2013 of Rs.22,000/- issued by OP Academy of Future Teacher & Education Pvt. Ltd.
5. This Forum has considered the case of the complainant in the lightof the facts contained in the complaint, evidence of the complainant and documents placed on record. The case of the complainant has remained consistent and there is nothing on record to disbelieve the same. Despite receiving notices issued by this Forum, OP has kept silence and has not bothered to contest the case. It appears that OP has no defence at all in its favour. Accordingly, the complainant has successfully proved her case that OP has indulged in unfair trade practice and there is deficiency in service on the part of OP.
6. In the light of above discussion, we are of the opinion that OP is guilty ofunfair trade practice and deficiency in service. We direct the OP is as under:
i) To refund to the complainant an amount of Rs.57,000/-.
ii) To pay to the complainant an amount of Rs.10,000/- towards compensation for causing mental agony and harassment.
iii) To pay to the complainant an amount of Rs.5,000/- towards cost of litigation.
7. The above amount shall be paid by the OPto the complainant within 30 days from the date of receiving copy of this order failing
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which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 26thday of April, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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