Smt. Shampa Ghosh, Hon’ble Member:
This is a case filed by Smt. Deblina Das, W/o-Subhajyoti Das residing at Sudas, Alokabita Lane, Padmapukur, near Bazar Kolkata, P.O.+P.S.- Baruipur, Kolkata – 700144, Dist.- South 24 Pgs against the Authorized Signatory Orane International Pvt. Ltd. with a prayer for a direction upon O.P. to pay Rs. 50,180/- towards refund of the course fee and Rs. 50,000/- for harassment and mental agony.
The O.P. Authorized Signatory of Orane International Pvt. Ltd., office at Second Floor, Kanak Building premises No. 41, Jaharlal Neheru Road, opposite Jiban Deep, Kolkata – 700071.
The brief facts of the case as made out in the complaint is that the complainant was a former student of Orane International Pvt. Ltd. Complainant enrolled her name in the O.P. school in Kolkata on 10.10.2022 for diploma in Nail Art Technician Course. The course was for three months durations and guided learning hours was 151 hours, schedule was from 10.10.2022 to 08.01.2023. The complainant paid total Rs. 55,180/- for the said course, the course has 4 level i.e. 1, 2, 3 and 4. The course started from 12.10.2022. After one month the trainer had completed 4 topics out of 8 in level 1 and 9 topics out of 18 in Level 2. After that the trainer resigned from the institute. All classes were closed for want of instructor. After several requests of the complainant the O.P. hired a national level instructor for the period from 21.12.2022 to 29.12.2022, that was only for 9 days. The national level trainer completed level 3 and 4 without proper practices. Maximum topics were pending in level 1 and 2 of the said course and level 3 and 4 were also done haphazardly. Without completion the full topics the O.P. ended the said course on 08.01.2023. The complainant requested the O.P. to complete the course as promised.
On 14.02.2023 the complainant went to office’s office and asked for completion of the balance course and the balance hours. O.P. told the complainant if the complainant provide any nail art trainer then it will start. Since the complainant has not receipt of any response from O.P. till date, the complainant emailed on 02.03.2023 and a letter on 03.03.2023, as the O.P. could not completed the course. So she demanded refund of the full amount of the course fees amounting to Rs. 55,180/- with interest. The O.P. responded to the email contending that their team will contact with the complainant but till date no response was made. The complainant went to the office of the Assistant Director, Consumer Affairs and Fair Business Practices, South 24 Pgs at Baruipur for settlement but no settlement was done there. Finding no other alternative the complainant filed this instant complaint case being No. CC/105/2023 on 18.07.2023. The case was admitted on 08.08.2023.
The notices were sent to O.P. by this Commission. Advocate for the O.P. appeared before the Commission on 13.09.2023 and filed an application with a prayer for time to file W.V. along with a Valalatnama. But the Statutory period for filing W.V. by the O.P. was expired. And as a result by Order No. 5 dated 09.10.2023 the instant complaint case was declared to be proceeded ex-parte against the O.P.
Points for Consideration :-
- Is the complainant a consumer?
- Is the O.P. guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get reliefs as prayed for?
Decision with Reasons :-
Point No.1:-
On perusal of the case record along with copies of documents available on record, it appears that the Complainant enrolled her name in the O.P. school in Kolkata on 10.10.2022 for diploma in Nail Art Technician Course. The complainant paid total Rs. 55,180/- for the said course and the O.P. acknowledged the receipt of the same.
As per defination of the consumer U/S 2(7) of the Consumer Protection Act, 2019 the complainant qualifies as a consumer since she paid considerable sum as a course fees to the O.P. as evidenced by the receipt.
As such, the 1st point is decided in favour of the complainant and against the O.Ps.
Point No.2 :
The complainant in this case demanded from the O.P. refund of Rs. 55,180/- which she paid as course fees along with other reliefs. She enrolled her name in the O.P. school in Kolkata on 10.10.2022 for diploma in Nail Art Technician Course. The course has 4 level i.e. 1, 2, 3 and 4. The course started from 12.10.2022. After one month the trainer had completed 4 topics out of 8 in level 1 and 9 topics out of 18 in Level 2. After that the trainer resigned from the institute. All classes were closed for want of instructor. After several requests of the complainant the O.P. hired a national level instructor for the period from 21.12.2022 to 29.12.2022, that was only for 9 days. And the national level trainer completed level 3 and 4 without proper practices. Maximum topics were pending in level 1 and 2 of the said course and level 3 and 4 were also done haphazardly. The complainant enrolled in courses with a legitimate expectation of receiving quality training. However, the O.P. failed to complete the course as agreed upon. This failure amounts to a deficiency in service as established by the evidence. So, it is a clear case of deficiency in service on the part of the O.P. on failure to provide timely classes and to complete the course. Therefore, it is clear from the petition of the complainant and the evidence available on record that the O.Ps. are guilty of deficiency in service and unfair trade practice.
As such, Point No.2 is also decided in favour of the complainant and against the O.P.
Point No.3 :-
Complainant enrolled her name in the O.P. school in Kolkata on 10.10.2022 for diploma in Nail Art Technician Course. The course was for three months durations and guided learning hours was 151 hours. Schedule was from 10.10.2022 to 08.01.2023. The complainant paid total Rs. 55,180/- for the said course, the course has 4 level i.e. 1, 2, 3 and 4. The course started from 12.10.2022. After one month the trainer had completed 4 topics out of 8 in level 1 and 9 topics out of 18 in Level 2. After that the trainer resigned from the institute. All classes were closed for want of instructor. After several requests of the complainant the O.P. hired a national level instructor for the period from 21.12.2022 to 29.12.2022, that was only for 9 days. And the national level trainer completed level 3 and 4 without proper practices. Maximum topics were pending in level 1 and 2 of the said course and level 3 and 4 were also done haphazardly. Without completion of the full topics the O.P. ended the said course on 08.01.2023. The complainant requested the O.P. to complete the course as promised.
On 14.02.2023 the complainant went to O.P.’s office and asked for completion of the rest portion of the course and the balance hours. O.P. told the complainant if the complainant provide any nail art trainer then it will start. But the complainant did not receive any positive response from O.P. till date.
After that the complainant emailed on 02.03.2023 and a letter on 03.03.2023, as the O.P. could not complete the course and demanded refund of the full amount of the course fees amounting to Rs. 55,180/- with interest. The O.P. responded to the email that their team will contact with the complainant but till today they failed to contact. The O.P. failed to file their W.V inspite of receiving the commission’s notice. Hence, the case of the complainant stands unchallenged by the O.P. As, the complainant did not get any positive response from the O.P. she was compelled to file the instant complaint case on the relief as sought for in the petition of complaint. As such, there is no hesitation to hold that the complainant is entitled to get the relief as prayed for. It is clear from the evidence that the course module has not completed properly. So the complainant failed to get the service from the O.P. on the Other hand the complainant was harassed by various ways. Therefore, the complainant is entitled to get the relief as prayed for.
Thus, the Point No. 3 is also decided in favour of the complainant and against the O.P.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant complaint case be and the same is hereby allowed ex-parte against the O.P. with cost of Rs. 5,000/- (Rupees five thousand) only.
The O.P. is liable and is directed to pay back the course fees paid by the complainant amounting to Rs. 55,180/- with simple interest @ 9% p.a. in the form of compensation w.e.f. 10.10.2022 till the date of final realization of the same within 45 days from the date of passing this Order.
The O.Ps. is liable and is directed to pay the litigation cost of Rs. 5,000/- (Rupees five thousand) to the complainant within 45 days from the date of passing this order.
The complainant is at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the O.Ps. within 45 days from the date of passing this order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.in.
Dictated and corrected by me.
