Ms. Indu Gupta                      V/s             Brilliant Tutorial

Case No. 446/13

31.05.17

Present:       None

It is already 12.30 p.m. 

Complaint has been filed in the shape of an affidavit. As per the averments made in the complaint the complainant had taken admission in the OP institute in the month of August, 2011 and deposited a fee of Rs.52,918/- but, however, the OP institute was closed in the month of November, 2011.

According to the complainant, her fee has not been refunded till date by the OP.

OP has been proceeded exparte vide order dated 31.10.13 passed by our predecessors.

The complainant has filed her affidavit in exparte evidence and written arguments. 

We have gone through the file very carefully.

Copies of the two receipts of Rs.25,000/- and Rs.27,918/- both dated 24.08.11 have been filed on the record to substantiate the claim of the complainant.  We mark the receipts as Mark A and mark B respectively for the purposes of proper identification.

 We do not find any reason to disbelieve the exparte version of the complainant. Hence, we take it as a case of deficiency in service and unfair trade practice on the part of the OP.  We accordingly allow the complaint and direct the OP to refund Rs.52,918/- alongwith interest @ 6% p.a. from the date of filing of complaint till realization alongwith Rs. 2,000/- for mental pain and agony undergone by the complainant including cost of the litigation.

The order shall be complied within 30 days of receipt of copy of this order failing which OP shall become liable to pay interest @ Rs.9% per annum on the amount of Rs.52,918/- from the date of filing of the complaint till its realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 18.09.17.