District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 179/2022.
Date of Institution:04.04.2022
Date of Order:24.08.2023.
Ms. Shalini Joel aged 39 years daughter of Shri B .K. Joel, resident of House No. 87, Mewla Maharajpur Amar Nagar, Faridabad Aadhar card No. 73478062 5014mobile No. 7982758334.
…….Complainant……..
Versus
BAFEL Academy Private Limited situated at A-56, Ground Floor Palam Extension, Sector-7, Dwarka Delhi – 110 075 through its authorized person.
…Opposite party
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Ms. Shalini Joel complainant in person
Sh. Bijender Mehla, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant was having the saving bank account No. 50100192971527 in HDFC Bank and also taken the ATM card from the said bank and the complainant regularly and continuously maintaining the said account. The complainant had taken the degree in BSc(Nursing) from M.P. in the year 2016 and on the basis of the said degree the complainant working in Metro Hospital, Sector-16, Faridabad. During the working period, the representative of the opposite party namely Mr. Neel made the telephonic call to the complainant for the job in U.K. for the English classes and the package was disclosed by the representative of the opposite party i.e. Rs.1,80,000/- and the representative of the opposite party also assured to the complainant that the opposite party would provide the best training as well as classes for six month and the exam would be definitely cleared in the month of April 2022 and classes would be started from Ist October 2021 and also assure if they were not ready then the whole deposited amount would be withdrawn by the opposite party to the complainant and the complainant had [aid an amount of Rs.1,40,000/- through pe bearing No.7982758334 in the account of the opposite party. After making the amount of Rs.1 40,000/- to the opposite party, the complainant was never appeared in the classes and only online taken the classes and the classes was started 8.10.2021 and was not given the proper individual classes as well as training etc. and in this regard the complainant made the several telephonic call to the representative of the opposite party as well as chating etc. in which the complainant clearly saying to the representative of the opposite party that the complainant was taking the proper classes and then the representative of the opposite party clearly told to the complainant if the exam was not cleared then the amount of Rs.30,000/- would be paid to the complainant and in this regard the complainant not taken the further classes and the complainant was not satisfied with the assurance given by the representative of the opposite party to the complainant in respect of given the best classes and the representative of the opposite party demanded the amount of Rs.40,000/- from the complainant and threatened if the amount of Rs.40,000/- was not fulfilled then the said package would be closed. The complainant not taking any services/classes from the opposite party since 16.1.2022. And the opposite party had taken the amount of Rs.1,40,000/- by way of alluring to the complainant. The complainant was not interested to take the further classes from the opposite party and was not satisfied with the opposite party in respect of the classes and requested to the opposite party to return the amount of Rs.1,40,000/- to the complainant but the opposite party lingering the matter on one pretext to the another. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) return the amount of Rs.1,40,000/- alongiwth interest @ 18% p.a. to the complainant.
b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complainant negotiated to enroll herself at a fee less than even 50% of BAFEL standard fee of Rs.3.6 lakhs with the assurance that she would be able to produce to IELTS/OET result within 3 months of joining her programme so that rest of the 3 months were left with BAFEL to guide her for making her eligible for NMC registration and too with all the benefits of the programme. Complainant was provided with complimentary books, long counseling sessions, individual and customized group session classes and all without paying her fee on time. Therefore, not only that she could bag the entire programme benefits in a discounted fee but also she got the privilege to pay in 3 installments as per her admission form, duly filled by her.. The complainant after joined BAFEL, opposite party initiated her classes, complainant started negotiating with the counselor to avail additional favours of continuing with the training for english & IFLTS/OET till the end of her programme validity which was expiring on 7th April, 2022 so that complainant could avail services like resume re-designing, CBT complimentary material and guidance, NMC registration handholding, interview preparation sessions for upcoming interviews, documentation & other VISA related handholding & guidance towards making her eligible as per NMC guidelines apart from the free placement to the U.K. Not only this complainant was contacting BAFEL counselor and other admin staff to claim for individual basis and once the student reaches at a certain learning level, he/she was added to the customized sessions of 4-5 students class and such training sessions were specially designed sessions for the nurses only. But also she kept delaying the payment of her due fee. The complainant had availed consultation after he approached BAFEL for its training programme for the nurses in the U.K. to make them eligible for nursing job and after entire detailed consultations on each and every process under the said programme, complainant got himself registered at opposite party Dwarka office on 28.09.2021 at 50% of BAFEL standard fee of Rs.3.6 lakhs with the assurance that he would be able to produce IFLTS/OET result within 3 months of joining his programme so that ret of the 3 months were left with BAFEL to guide him for making him eligible for NMC procedures. It was further submitted that in clause number 11.i of the Offline admission form, it clearly told that the refund request would not be accepted if the student had attended the training session/s even for one day’s training i.e after availing the services under the said programme. That in terms and conditions of online form too, it stated that “I will not ask for the refund of fee once paid”. The complainant had her third due fee installment date on 10th Dec. 2021 of Rs.60000, out of which complainant paid 20000 on 13th Dec. 2021 and rest of the 40000 she never paid and further unpaid dues of Rs.40000 which was to be paid on 10th Dec. 2021, opposite party continued providing here with its training services until Feb. 2022. But thereafter it became impossible to keep continuing to provide to her training services without her dues being cleared as mutually agreed for at the time of admission. The opposite party was provided with the training sessions as mentioned below:
Training commencement date: 8th Oct. 2021
Training summary:
# Oct. 2021:14 hours
# Nov. 2021 @ 1 hour daily (Mon. to Fri) i.e. 21 hours.
# Dec. 2021: @ 1.5 hours daily (Mon. to fri) for 20 days & IFLTS & IELTS for 3 days @ 2 hours daily inclusive of training hours plus time taken in checking the individual test/s & feedback sharing) i.e. 36 hours.
#Jan. 2022: 40 hours (inclusive of training hours plus time taken in checking the individual test/s & feed back sharing): 20*2 i.e. 40 hours.
#Feb. 2022 : 40 hours (inclusive of training hours plus time taken in checking the individual test/s & feedback sharing): 20*2 i.e. 40 hours.
Therefore a total of 151 hours training was provided to the complainant.
The opposite party also provided zoom training class links for online live chasses had been sent to the complainant on her email id at th Oct. 2021 till 28rh Feb. 2022. It was further submitted that opposite party allotted BAFEL expert faculties like Ms. Sameera, Mr. Fahim & Mr. Prashant and they all were proven faculties to ensure result oriented training sessions. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard complainant in person and learned counsel for the opposite party and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–BAFEL Academy Private Ltd. with the prayer to: return the amount of Rs.1,40,000/- alongwith interest @ 18% p.a. to the complainant.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Ms. Shalini Joel,
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party affidavit of Mr. Deepak Gupta, Director of M/s. Bafel Academy Private Limited, having registered office at A-56, Ground floor, Palam Extension, Sector-7, Dwarka, Delhi.
6. After going through the evidence led by the parties, the Commission is of the opinion that that complainant himself stated in her complaint that she is not interested to take the further classes from the opposite party and was not satisfied with the opposite party in respect of the classes and requested to opposite party to return the amount of Rs.1,40,000/- to the complainant. Keeping in view of the above submissions, the Commission is of the opinion that the complaint is disposed off with the direction to opposite parties to refund Rs.56,000/- to the complainant in lump within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 24.08.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
