DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.113/2013
Sh. Garvit Singh Dahiya
S/o Sh. Jagvir Singh Dahiya
R/o B-2/110, Sector-17, Rohini,
Delhi-110089 ….Complainant
Versus
1. Brilliant Tutorials Pvt. Ltd.
50/C, Kalu Sarai, Sarvapriya Vihar
(Behind Azad Apartments),
New Delhi-16
Now at:
Brilliant Tutorials Pvt. Ltd.
12, Masilamani Street,
T Nagar, Chennai-600017 ….Opposite Party
Date of Institution : 06.03.2013 Date of Order : 03.11.2018
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Member - Kiran Kaushal
- Briefly put Sh. Garvit Dahiya, complainant states that he took admission in a coaching institute named Brilliant Tutorials Pvt. Ltd. (hereinafter referred to as OP) for the purpose of preparation for his forthcoming entrance examination for IIT JEE scheduled on March, 2012. As per the complainant he got himself enrolled in a One Year IIT JEE Classroom Programme on 4.07.11 by paying Rs.35,000/- by cash payment to the OP. Photocopy of the admission receipt is annexed as Annexure-1.
1.1 The complainant states that as per directions of the OP the complainant paid the balance fee of Rs.15,942/- vide cheque No.158043 on 15.07.11. Photocopy of the receipt is annexed as Annexure-2. Hence, the complainant in totality paid Rs.50,942/- to the OP.
1.2 It is next stated by the complainant that as per the admission procedure OP had to provide for one year classroom education alongwith preparation material in three modules. The complainant regularly attended classes from July to September and thereafter started disrupting on one ground or another. In November, OP sent a text message on the mobile of the complainant that due to internal problem in management Brilliant Tutorials will be closed.
1.3 Complainant was shocked and disappointed to know about the closure of Brilliant Tutorials as he was not only losing money and precious time but his preparation for admission to IIT also suffered. On enquiring frequently from the office of the OP complainant was told that the fee would be refunded within sometime and he will receive message on his mobile regarding the refund of the fee. After sometime the complainant got to know that fee of the students is being refunded and there was a list provided at a mediation cell of Qutub Institutional Area. But the complainant was further disappointed as his name was not in the list of the students whose money was being refunded. The complainant next averred that after the closure of Brilliant Tutorials he was left with no other option than to take private coaching for his preparation to admission in IIT, for admission in all good institutions had already been closed as it was the mid-session.
1.4 Aggrieved by the circumstances above complainant approached the Forum with the following prayers:-
- Direct the OP to make up for the mistake by refunding the full amount of admission Rs.50,942/- within interest @ 24% p.a. from the date of admission till final payment to the complainant.
- Direct the OP to pay a sum of Rs.1,00,000/- towards physical strain and mental agony suffered by the complainant and his family members and to pay a sum of Rs.35,000/- towards the coaching fee paid by the complainant to the private tutors.
- Direct the OP to pay a sum of Rs.10,000/- towards cost of litigation charges.
2. Notice was served to the OP which was duly served upon the OP but no one appeared on their behalf to contest the case of the complainant, hence OP was proceeded exparte vide order dated 06.03.13.
3. The complainant filed exparte evidence by way of affidavit as well as exparte written arguments.
4 The complainant reiterates whatever is stated in his compliant, as well in his evidence by way of affidavit.
5. Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is a no reason to disbelieve the version of the complainant.
6. As per the averments made by the complainant, he took admission in a coaching institute named Brilliant Tutorials and got himself enrolled under one year IIT JEE Classroom Programme with the OP by paying fee of Rs.50,942/-. As per the admission procedure the OP was to provide for one year class and preparation material in three modules. But as stated by the complainant he attended the classes only from July to September and thereafter classes started disrupting on one pretext or the other. In November OP had sent a text message on the mobile of the complainant that due to internal problem in the management the Brilliant Tutorials will be closed.
7. Complainant was shocked to receive a message as he was left in lurch. He not only lost money and precious time but also the purpose for which he took admission in the OP institute was defeated. His career prospects dwindled and his hope for getting admission to IIT were shaken. He had no other option but to take private coaching as rest of the Institutions had stopped admitting students by this time of the year.
8. In view of the discussion above, this Forum is of the opinion that though the complainant had attended three month classes of one year course programme but the complainant/student was left in lurch by OP in between the session wherein he was left with no other option but to join a private coaching institute.
9. Therefore, OP is found to be deficient in service as after taking the full admission fee they did not fulfill the promise of coaching the student for full one year programme. Therefore, the OP is directed to refund the admission fee of Rs.50,942/- alongwith interest @ 6% per annum from the date of admission till realization within a period of two months from the date of this order.
Failing which the OP shall become liable to pay Rs.50942/- @ 9% per annum from the date of admission till realization. Additionally OP is directed to pay Rs.10,000/- as compensation for inconvenience, mental agony and cost towards litigation.
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 03.11.18
