Chandigarh

DF-II

CC/992/2019

Leepakshi Sharma - Complainant(s)

Versus

Allen Career Institute - Opp.Party(s)

Gaurav Sharma Adv.

15 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	992 of 2019
Date  of  Institution	:	01.10.2019
Date   of   Decision	:	15.01.2020

 

 

 

 

Leepakshi Sharma minor daughter of Sh.Sishpal Sharma, through natural guardian Sishpal Sharma son of Sh.Vedpal Sharma, Resident of Flat No.318, Harbans Building 69-A, Opposite CRPF Gate Behlana, U.T., Chandigarh 160003

                               …..Complainant

Versus

Allen Career Institute, Registered Office Plot No.808, Industrial Area, Phase-I, Chandigarh, through its Managing Director.

                          ….. Opposite Party

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                 

 

 

For Complainant :    Sh.Gaurav Sharma, Advocate

For OP          :    Opposite Party exparte

 

  

PER PRITI MALHOTRA, MEMBER

 

            Succinctly put, the case of the complainant is that she was studying in 12^th Class (Science with Computer) in Kendriya Vidyalaya, 3-BRD, Air Force, Chandigarh and her school timings is from 7.20 AM to 1.40 PM.  It is averred that the complainant aspiring to become an Engineer,  took admission in the Evening Coaching Classes of OP Centre for preparation of JEE Main Examination for Session 2019-2020 and as such, deposited a sum of Rs.1,10,500/- vide Fee Challan dated 1.4.2019 (Ann.C-2).  It is averred that the Evening Batch of Opposite Party was to start from 6.4.2019 and timing for the said coaching classes was from 3.15 PM to 8.00 PM.  Accordingly, the complainant started attending the Evening Coaching Classes in Opposite Party Centre, but suddenly on 24.4.2019, the Floor Incharge of OP Centre, announced that the timing of Evening Coaching Classes has been changed to morning from 7.00 AM to 12.30 PM w.e.f. 25.4.2019.  The complainant immediately represented to the Floor Incharge of Opposite Party that she is regular school going student of 12^th Class, so the morning time of coaching classes is not suitable to her and requested him to allow her in Evening Coaching Classes.  It is submitted that the Floor Incharge of Opposite Party assured the complainant that the coaching classes will be rescheduled to evening batch after 2/3 days.  Thereafter, the complainant visited the Opposite Party a number of times with a request to allow her to attend evening coaching classes, but the Opposite Party flatly refused to change her coaching class timings and told her to manage the morning coaching classes only, which became impossible for her being a school going student.  Left with no alternative, the complainant ultimately requested the Opposite Party to refund her coaching fee of Rs.1,10,5000/- vide letter dated 27.8.2019 followed another letter dated 9.9.2019 (Ann.C-3 & C-4).  However, the Opposite Party despite making several visits by the complainant and waiting for hours at the centre, did not refund the tuition fee. Hence, this complaint has been filed alleging deficiency in service on the part of Opposite Party.

 

2]       The Opposite Party did not turn up despite service of notice sent through regd. post on 16.10.2019 and hence it was proceeded exparte vide order dated 19.12.2019.

 

3]       Complainant led evidence in support of her contentions.

 

4]       We have heard the ld.Counsel for the complainant and have also perused the entire record.

 

5]        The whole evidence placed on record by the complainant corroborates the assertions set out in the present complaint. Ann.C-1 & C-2 (Fee Deposit Receipts with Union Bank of India) is evident of the fact that the complainant is studying in 12^th Class (Science with Computer), in Kendariya Vidayala School (KVS), 3-BRD, Chandigarh for Sessions 2019-2020.  Ann.C-2 is Fee Challan, which proves that the complainant took admission with OP Centre and deposited fee of Rs.1,10,500/-.  This also proves that her class with OP Centre was to start from 4^th April, 2019.  Letter Ann.C-3 also proves that the complainant requested the Opposite Party for refund of her due to change of her Classes from Evening to Morning, which was not possible for her to attend as she is regular school going student. Ann.C-4, another letter dated 9.9.2019, duly received by the Opposite Party, proves that the request of the complainant for refund of her fee amount has been declined by the Opposite Party. 

 

6]       The complainant has not only proved the case by way of corroborative evidence, but also filed duly sworn affidavit in support of the allegations set-out in the complaint, which goes unrebutted and unopposed in the absence of Opposite Party.

 

7]       It is observed that the OP did not come forward to contradict the allegations set out in the present complaint despite being duly served, which raised a reasonable presumption that the Opposite Party has failed to render due service to the complainant by providing her Evening Coaching Classes for which she took admission.  It is opined that the sudden change of coaching classes of the complainant by Opposite Party from evening to morning batch certainly had clash with school timings of the complainant. It is observed that when the Opposite Party cannot provide evening coaching classes to the complainant, as earlier promised and provided, then the complainant should have been refunded the amount, but blatant refusal to refund, amounts to deficiency in rendering proper service to the complainant.  

 

8]       Reiterated that all the pleas of the complainant have gone unrebutted and unchallenged in the absence of the OP. Averments/allegations supported with duly sworn affidavit establish the deficiency on the part of the OP. Since, the complainant admittedly had attended coaching classes nearly for 4 months, so a complete refund of the fee is not suggestive.  Thus in our considered opinion, the Opposite Party is liable only for the balance of the amount, after having deducting the fee for the 4 months period, for which the complainant attended classes.  The deduction of the service charges be also made proportionately by the Opposite Party and not as a whole.  Accordingly, the present complaint is partly allowed with direction to the Opposite Party to refund the balance amount to the complainant for the period the complainant did not attend the coaching classes. The Opposite Party is also directed to pay a compository amount of Rs.5000/- to the complainant, for causing her immense mental agony and harassment, including litigation cost.  

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

                              

Announced

15^th January, 2020                          Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

                                                Sd/-

 (PRITI MALHOTRA)

MEMBER