DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.88/2014
Ms. Amisha Sharam
D/o Sh. Dinesh Sharma
R/o H.No.408, Sector-23,
Gurgaon, Haryana ….Complainant
Versus
1. The Director/Branch Head
Brilliant Tutorials
IIT-JEE Classroom Centre,
at 50-C, Kalu Sarai, Sarvapriya Vihar
(Behind Azad Apartments), New Delhi-16
2. The Director/Chairman
Brilliant Tutorials
At: 12, Masilamani Street,
T Nagar, Chennai ….Opposite Parties
Date of Institution : 05.03.2014 Date of Order : 29.08.2018
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Member - Kiran Kaushal
Brief facts as pleaded by the complainant are that:-
1. Amisha Sharma, complainant came across the Coaching Institute, Brilliant Tutorials to go in for further studies. The complainant joined the course of ‘Board- Cum-Two Years Classroom Programme Plus’ from the institution on consideration.
1.1. The complainant got lured by the attractive projections of the employees/staff of the OPs and deposited fee of Rs.20,000- vide DD No.721963 Bank of Maharashtra which was duly acknowledged by OPs vide receipt No.73963.
1.2. Subsequently on the demand and request of the OPs the complainant also deposited fee to the tune of Rs.77,589/- vide cheque No.964689 drawn on the Bank of Maharashtra dated 29.03.2011 towards full and final payment for two academic years i.e. 2011-12 and 2012-13.
1.3 It is further pleaded that the OP closed its institution just after two months from the admission of the complainant, without giving any prior intimation. On enquiry made telephonically, through e-mails and several intimations the complainant was assured by the OPs that the entire fee amount will be refunded as soon as possible.
1.4 The complainant alongwith her parents visited the office of the OP several times and requested them to refund the entire fee but the OP on one pretext or the other kept making excuses and finally agreed to refund the entire fee by first week of January, 2014.
1.5 It is further averred that the complainant could neither attend the classes as assured by OPs nor her fees was refunded as promised. Therefore, it is alleged that the OP is not only liable for deficiency in service but also for unfair trade practice. Hence, the complainant filed the present complaint for the following reliefs:
- The complainant is entitled to receive Rs.1,57,589/- towards the legitimate refund of her fee;
- The complainant has suffered mental and physical harassment therefore should be compensated to the tune of Rs.50,000/-.
- The OPs are liable to pay Rs.10,000/- as litigation cost.
2.1 Notice was duly served upon the OPs but no one appeared on their behalf to contest the case of the complainant, hence OPs were proceeded exparte vide order dated 06.05.14.
3. The complainant filed exparte evidence by way of affidavit as well as exparte written arguments.
4.1 The complainant reiterates whatever is stated in her compliant, as well in her evidence by way of affidavit.
5. We have heard the arguments on behalf of the complainant and have also gone through the file very carefully.
6. 0n Perusal of the record it is observed that the complainant has placed a selection letter showing that Amisha Sharma was admitted to Brilliant Tutorials on 27.01.2011. A copy of deficiency sheet issued by the OPs has been placed on record wherein the OPs have asked for mark-sheet of Xth class and one PDC against fee of Rs.77589/-. Fee receipt of Rs.20,000/- by way of DD No. No.721963 dated 03.02.11 is also placed on the record. A letter dated 09.11.2011 written by Vasanti Neelakantan, MD on behalf of Brilliant Tutorials has been filed. Another letter addressed to Mr. Dinesh Sharma, father of the complainant has been filed wherein the OPs admitted to refund the prorata course fee for incomplete course period.
6.1 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.
6.2 It is clear from the record that the complainant was the student of the OPs and paid fee of Rs.97,589/-. In the letter dated 09.11.11, MD of the Brilliant Tutorials assured that due to certain staff/ faculty issue they had to shut down the classes which would resume within a week. Another letter placed on the record is that of refund of pro-rata course fee for incomplete course period, wherein OPs admitted that due to some difficult phase in their organization during 2011 the OPs could not complete 1-2 year course which the complainant had joined. OPs in the said letter have accepted to refund part of the course fee paid by the complainant for discontinued part of the course. As per formula worked out, the particulars of the fee paid, classes attended and period for which the classes were discontinued were given in the attached refund claim form. This refund claim form was duly filled and submitted by the complainant on 26.06.2012 but to no effect.
In view of the above discussion, we hold OPs guilty of deficiency in service and direct OPs to refund the entire fee of Rs.97589/- along with interest @ 6% per annum from the date of filing of the complaint i.e. 05.03.14 till realization and to pay Rs.10000/- towards compensation for mental pain, agony and legal expenses to the complainant within 30 days from the date of receipt of copy of this order.
Failing which OPs shall be liable to pay the said amount of Rs.97589/- along with interest @ 9% per annum from the date of filing of 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 29.08.18
