DISTRICT CONSUMER DISPUTES REDRESSAL FORUM NORTH-WEST,
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 36/2014
D.No._____________________ Dated: ________________
IN THE MATTER OF:
ARSHID/o MOHD. SALEEM,
R/o H. No. 1186, VILLAGE- POOTH KALAN,
DELHI-110086. … COMPLAINANT
Versus
BRILLIANT TUTORIALS PVT. LTD.,
1, KOHAT ENCLAVE, PITAM PURA,
NEW DELHI-110034.
ALSO AT: -
BRILLIANT TUTORIALS PVT. LTD.,
12, MASILAMANI STREET, T. NAGAR,
CHENNAI-600017. … OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMAD, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 06.01.2014
Date of Decision: 13.03.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint under Consumer Protection Act, 1986 on the allegations that the complainant joined OP in 2011 for coaching of AIEEE and paid fee of Rs.35,810/-.The
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complainant dropped the year and joined OP only on the basis that OP has a trust of 41 years and it is an excellent institute and the enrollment no. is AIPPP12D20001 and the complainant felt good that the complainant will be in IIT next year after taking coaching from OP but the complainant felt very sad after two and a half months that it has been closedand OP took the money and dreams to become an engineer away and the complainant called OP many a times but the complainant did not get any good response and then the complainant called in Chennai (Head Office of OP) and OP told to send some data on mail and mail addresses were given by OP on call and the complainant mailed regarding this but the complainant again did not get any response. Thereafter, the complainant again called Chennai office and told the same, OP asked to wait and the complainant got a reply from the side of OP alongwith a form in it and asked the complainant for the identity card and some details and to speed post it. The complainant further alleged that the complainant filled the form and gave identity card and information asked by OP through speed post. But nothing happened and the complainant again called Chennai office and told the same and a few days later the complainant got reply and OP full and finally ensured the complainant to return money of Rs.22,039/- through cheques on different dates as follows (1) 30.10.2012, (2) 30.11.2012
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& (3) 30.12.2012 and the complainant agreed with this also and waited for the same but the complainant did not receive any cheque and the complainant gave them reminders but nothing happened, so the complainant waited for a long time. In 2013, the complainant again called Chennai office and OP again asked the complainant to mail and the complainant did so and gave them reminders but nothing happened.
2. On these allegations the complainant has filed the present complaint and prayed to refund the money at least as.
3. Earlier, OP has been contesting the case and filed a reply to the case and submitted that the complaint is not maintainable as the complainant does not fall within the definition of consumer and there is no unfair trade practice or deficiency in service on the part of OP. As per the terms of the contract i.e. enrollment form and registration form which have been signed by the complainant, the OP is not liable to refund any fee under any circumstances and this fact has been concealed by the complainant. Further the complainant is barred by way of Territorial Jurisdiction. The OPfurther submitted that the institute could not be made functional on account of certain financial loses and irregularities committed at the centre in connivance with the previous and present faculty and senior officials and the land-lords with a view to damage the
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reputation of OP and even otherwise the complainant was offered re-location at another institute namely Career Launcher but the complainant did not agree. It is contended that the OP is not liable for any lose to the complainant if any.
4. The complainant filed rejoinder to the reply of the OP and denied the contentions of the OP.
5. In order to prove her case, the complainant filed her affidavit in evidence and has also filed written arguments. The complainant has also placed on record copy of Student Identity Card issued by OP, copy of receipt/student invoice dated 18.06.2011 for a sum of Rs.35,810/-, copy of letter dated nil written by OP to the complainant, copy of refund claim form and copies of reminders sent by the complainant to OP.
6. On the other hand, none on behalf of OP filed affidavit in evidence despite giving various opportunities and none appeared on behalf of OPs when the case was fixed for filing OPs evidence and arguments and OPs were proceeded ex-parte vide order dated 27.04.2017.
7. This Forum has considered the case of the complainant in the lightof the facts contained in the complaint, reply of the OP, evidence of the complainant and documents placed on record. The case of the complainant has remained consistent and there is nothing on record to disbelieve the same. The OP is not justified in contending
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that the complainant cannot seek the refund of fee as per terms and conditions of enrollment. Simultaneously OP has not given any justifiable reason as to why the coaching centre of Pitam Pura was closed. A student is not expected to travel to far off places. When the OP has given admission to the complainant for coaching class and has charged fee in advance then the OP is not justified in closing down the coaching centre. The complainant who is merely a student in the coaching institute cannot be held responsible for any financial irregularity committed by the previous faculty or present faculty or by any other person on behalf of OP. It further shows that due to deficiency in service at the hands of OP, the career of the complainant has suffered as the complainant was left without studies in the mid-stream of the course.
8. In the light of above discussion, we are of the opinion that OP is guilty ofunfair trade practice and deficiency in service. We direct the OP is as under:
i) To refund to the complainant an amount of Rs.35,810/-.
ii) To pay to the complainant an amount of Rs.25,000/- towards compensation for causing mental agony and harassment which includes cost of litigation.
9. The above amount shall be paid by the OPto the complainant within 30 days from the date of receiving copy of this order failing
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which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 13thday of March, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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