Delhi

East Delhi

CC/112/2015

MANJU - Complainant(s)

Versus

AMITY INSTITUTE - Opp.Party(s)

27 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.112/15

MANJU SHARMA

B-515 G.D. COLONY

MAYUR VIHAR-3

NEW DELHI 110096                                                                                           ….Complainant

 

•  

 

AMITY INSTITUTE FOR COMPETITIVE EXAMINATION

AMITY INTERNATIONAL SCHOOL

MAYUR VIHAR PHYASE 1 EXT.

NEW DELHI-110091                                                                                                       ….Opponent

Date of Institution: 19.02.2015

Judgment Reserved for: 27.02.2017

Judgment Passed on: 15.03.2017

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. Present complaint has been filed by the complainant Smt. Manju Sharma, against Amity Institute for Competitive Examination, praying for refund of Rs. 67,472/- alongwith interest @ 18%, Rs. 2,00,000/- as compensation for mental agony & harassment and Rs.10,000/- as cost of litigation.
2. Briefly stated facts are that the daughter of the complainant, Ms. Divya Sharma got herself enrolled in two years class room contact program for Medical by paying Rs.1,34,944/- through DD’s & cheques in following schedule-

 

 

	MODE	DATE	INS. NO.
				HDFC Bank from A/C the son of ctt

3. After one year of joining the institute, the daughter of the complainant was diagnosed with pituitary macroadenoma, due to which she was unable to attend her regular school & classes conducted by OP, which was informed to the OP. The complainant was verbally assured that the said student could resume classes after a gap of one year. In the month of January, when the daughter of the complainant recovered from her illness, OP demanded Rs.30,000/- extra for rejoining & completing her remaining course. Letter dated 02/02.2015 demanding refund of the remaining fees of Rs.67,472/- was also sent by the complainant to OP which was neither replied nor complied with. The complainant has annexed letter dated 14/04/2013, Fee schedule of the OP as Annexure A1, statement of Account of showing payment as Annexure A2 (colly), MRI report and investigation report as Annexure-A4, Annesure-A5.
4. Complainant thereafter filed her ex-parte evidence, where Smt. Manju Sharma stated the contents of the complainant on oath.  
5. We have perused the material placed on record. As, the OP has not appeared, all the allegations made by the complainant have remained uncontroverted. The complainant has proved that she had got herself enrolled with OP institute and had paid Rs. 1,34,944/- for two years program. The complainant had attended one year classes and due to medical reason could not attend classes for 2^nd year. OP’s demand of Rs.30,000/- for resuming course amounts to unfair trade practice, thus in the facts & circumstances of the present complaint, complainant is entitled to refund of Rs. 67,472/- i.e. the fees paid in advance. OP can charge only prescribed fees for one semester/one year, they cannot charge fees in advance from the complainant for all the semesters/years in advance. Thus, OP is directed to refund Rs.67,472/- to the complainant along with 9% interest from the date of filing of this complaint. We also award Rs.5,000/- as compensation for mental agony & harassment, inclusive of litigation expenses. If the said orders are not complied within 30 days of receipt of order, OP has to pay 9% interest on Rs.72,472/- from the date of filing of this complaint till realization.

Copy of this order be sent to both the parties as per law.

 

(P.N. TIWARI)                                                                              (HARPREET KAUR CHARYA)              

   MEMBER                                                                                                      MEMBER

 

                                                     (SUKHDEV SINGH)

                                                             PRESIDENT