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Consumer Complaint No. CC/180/2018

In the matter of

Sachin  Srivastava         

S/o Sh.Krishna Kumar Srivastava

R/o B-10/204, Udaigiri Apartments, Sector-34

Noida, UP-201301                                                                       ....Complainant

vs

Anurag Aggarwal Institute

(through its Prop. Sh.Anurag Aggarwal)

9F, IInd floor, Kamla Nagar

Near Delhi University

North campus, Delhi-110007                                         ....Opposite party

ORDER

17/01/2023
 

Harpreet Kaur Charya, Member

The present complaint has been filed by Sh. Sachin Srivastava, the complainant against Anurag Aggarwal Institute, the OP with the allegations of unfair trade practices, deficiency in services and monopolistic trade practice. 

Facts necessary for the disposal of the present complaint are that, the complainant who is working for Randstad Pvt. Ltd. (working for ebay) with office timing as 10.00 am to 7.00 pm.  The OP is running an institute under the name of Anurag Aggarwal Institute.

 On 26/02/2017, the complainant paid a sum of Rs.69,000/- (Rs.60,000/- plus 15% service tax) through credit card,  for joining personality development programme at Noida, Sector-27, Uttar Pradesh, to be held on Sundays.  No payment receipt was issued to the complainant at the time of making payment but was assured that the same would be handed over within 15 days.

The complainant has stated that on 05/03/2017, he attended his first class at Fortune Hotel, Sector-27, Noida, UP and thereafter, he was informed that the classes will be shifted to Mayur Vihar, Delhi. The complainant was not comfortable with the change in the venue which was duly informed to the OP.  It has been further alleged by the complainant that the OP personally convinced the complainant to join the classes at Sector-62, Noida, Uttar Pradesh, on Monday, which was very difficult for the complainant to attend due to his office timings. The complainant tried his level best to attend the classes after managing his office time but one day OP imposed a fine of Rs.100/- as late fee even when the complainant was late by just one minute.

Despite several request, OP did not provide the receipt for the payment of Rs.69,000/-.  The complainant has also alleged that OP was in habit of changing the venue of the classes frequently without any prior intimation, which made it uncomfortable for the complainant, therefore, he could attend only four classes and again the OP offer to the complainant to join the classes early in the morning at Kamla Nagar, Delhi, which was not acceptable to the complainant, therefore, he sought refund. 

The complainant has stated that it was neither feasible nor comfortable for him to attend the classes at Mayur Vihar or Sector-62, Noida, UP or Kamla Nagar, Delhi especially on week days as the complainant is working and had joined the institute where the classes were to be held only on Sunday.  Thus, the OP has cheated the complainant by changing the venue and schedule every week.

A legal notice dated 14/08/2018 was served upon OP demanding refund of Rs.69,000/- which was neither replied nor complied with.

The complainant has prayed for directions to OP to refund Rs.69,000/- alongwith interest @24% p.a till realisation, Rs.1,00,000/- as compensation towards mental agony and harassment and cost of litigation.

The complainant has annexed the ID proof (Aadhar Card) as      Annexure- P1, printout of the website of OP showing the address of the institute run by OP as Annexure-P2, statement of credit card showing payment of Rs.69,000/- to OP on 26/02/2017 as Annexure-P3, office copy of the legal notice dated 14/08/2018 as Annexure–P4  alongwith postal receipt and proof of service as Annexure-P5 and Annexure-P6 respectively.

Notice of the present complaint was served upon OP. Thereafter, OP put appearance on 15/11/2018, but failed to file reply with in statutory period. However, on 05/07/2019, they filed written Statement alongwith application for condonation of delay. The said application was disposed of vide order dated 03/12/2019. The relevant portion is being reproduced hereunder:

3/12/2019:

6.       Thus, in the facts and circumstances of the present situation, in order to serve the ends of justice and not to defeat the dispensation of justice merely on technical grounds, the appropriate course of proceed further with this complaint before this Forum would be to accept the Written Statement filed on behalf of the OP subject to payment of cost of Rs.4,000/- to be paid to the complainant.  The application filed by the OP is accordingly disposed of.

7.         Put up for filing of Rejoinder and evidence by way of affidavit on behalf of the complainant and payment of cost of Rs.4000/- imposed vide this order and Rs.500/-(Rupees Five Hundred only) imposed vide order dated 20.11.2019 by the OP to the complainant on 15.01.2020.

Despite, several opportunities OP failed to comply the above order and ultimately stopped appearing; hence, they were proceeded ex-parte on 06/03/2020.  As Written Statement filed by the OP was to  be taken on record subject to payment of cost of Rs.4,000/- which they have not complied with, their Written Statement will not form part of record.

Evidence by way of affidavit was filed by the complainant where he has reiterated the contents of his complaint.  He has got exhibited the ID proof  (Aadhar card) as Ex-CW1/1, printout from the website of OP showing the address of the institute run by OP as Ex.CW1/2, statement of credit card of dated 26/02/2017 reflecting the payment of Rs.69,000/- as Ex.CW1/3.

The complainant has also relied on Legal Notice dated 14/08/20 and has got it exhibited as Ex.CW1/4.  Postal receipt and tracking report are Ex.CW1/5 and Ex.CW1/6 respectively.

We have heard the submission made by Ld. Counsel for the complainant and have perused the material placed on record as OP is Ex-parte.  The complainant has alleged that OP has indulged in unfair trade practice and is deficient in service. In support of his allegations the complainant has relied on Ex-CW1/2, the printout from the website of the OP.  If we look at these printouts, these are merely the description of the business training /public speaking course by Anurag Aggarwal, photographs from the photo-gallery of OP pertaining to the training centre, testimonial, clientele and information about Anurag Aggarwal.  On enquiry, the complainant was unable to show any brochure/prospectus/ application form depicting the terms and conditions. It is not the case of the complainant that he has not been provided the brochure or prospectus, he has only alleged that the payment of fees receipt was not given to him.

 The complainant has placed nothing on record to show that he had opted and assured for classes to be held on Sunday at Noida, Sector-27, Uttar Pradesh. No written representation has been filed by the complainant pertaining to the demand of receipt for payment of Rs.69,000/- or  protest for frequent change in the venue of the classes. It is settled principle of law that the complaint has to stand on its own legs and complainant has to prove his own case which is not so in the present complaint.

Therefore, in the facts and circumstances of the present complaint is dismissed, being devoid of merit without order to cost.

Office is directed to supply the copy of this order to the parties as per rules.  Order be also uploaded on the website.

Thereafter, file be consigned to the record room.