Delhi

North East

CC/479/2012

Rahul Rawat - Complainant(s)

Versus

Brilliant Tutorials - Opp.Party(s)

14 Jul 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, NAND NAGRI, DELHI-93

 

Complaint Case No.479/12

 

CORAM:         Hon’ble President Sh. N.K. Goel

                        Hon’ble Member Sh. Nishat Ahmad Alvi

 

In the matter of:

 

Rahul Rawat

S/O  Sh. M.S. Rawat

R/O O-10/C-2, Dilshad Garden,

Delhi-110095                                                                                        

Complainant 

 

Versus

 

1. Brilliant   Tutorial

13, Pratap Nagar,

Mayur Vihar Phase-1,

Delhi- 110091  Through Mr. Neelakantan,

Chairman- Brilliant Tutorial

 

2. Brilliant  Tutorial

50-C, Kalu  Sarai,

( Behind Azad Apartment)

Sarva  Priya  Vihar,

Delhi- 110016  Through Dr. Vasanti Neelakantan,

 Managing Director - Brilliant Tutorial

 

3. Mr. Shyam Nagarajan

Director- Brilliant Tutorial

12, Masilamant Street,

T. Nagar,Chennai-600017

                                                                                                    Opposite Parties

 

Order

 

                                                                                 DATE OF INSTITUTION: 20-12-2012

                                                                     DATE OF DECISION     : 26/12/2014

N.K. Goel, President :-

Complainant’s  case,  as made out in the amended  complaint is that he enrolled  himself with OP1 having its Delhi Head Office at Kalu Sarai (OP2) and also office in Chennai (OP3) for coaching for IIT-JEE 2012 vide enrolment No. I1PP12DE0034; that as per the agreement the complainant deposited Rs. 61,246/- in cash vide receipt No. RDE 11-0632 dated 13 July 2011; that classes were commenced w.e.f. 2^nd August 2011 and  supposed to be run upto March-April 2012 but, however, after running the classes for about 2 and a half months OPs locked all its coaching institutes/ offices all over Delhi without any prior notice to the students; that the students reported the matter to SHO, Mayur Vihar Phase-1/ Pandav Nagar vide DD No. 16A dated 3-11-11 but the police did not register any FIR. It is stated that the closure of the institute is highly illegal, unlawful and has resulted into ruining of bright one year of thousands of students. It is stated that the OPs later gave an option for online pre-recorded classes in Carrier Launcher at Pitampura, Delhi but the online videos were of those topics which had been taught to the complainant earlier in the 1^st module; that some more topics were also loaded but they could not open for the reason unknown to the complainant and so after 13-14 days the complainant had no other option but to leave the offered online videos. Hence, pleading negligence, unfair trade practice and deficiency in service the complainant has filed the present complaint for directing the OPs to refund the amount charged alongwith interest, to pay Rs. 25,000/- as compensation on account of unfair trade practice, deficiency in service etc and Rs. 11,000/- towards cost of litigation.

            OPs have been proceeded ex-parte vide orders passed on various dates. Complainant has filed his affidavit alongwith documents. We have heard the complainant in person and have also carefully perused the record.

            Exhibit C1 is the copy of the student receipt in the name of the complainant Rahul Rawat for Rs. 61,246/-.  The same is dated 13-7-11 and has been issued by OP2. It also contains one year classroom program (OYCP-PLUS) towards IIT JEE 2012 and the fee payment.  The OPs have preferred not to contest the complaint and to rebut the averments made in the complaint. Therefore, the OPs should be deemed to have admitted the averments made in the complaint.  Even otherwise the averments made in the complaint stand proved with the documents discussed above.

            According to the classroom programme the course was divided into three modules but, however, the OPs conducted only 1^st module and thereafter closed the OP1 institute.   This amounts to unfair trade practice and deficiency in service on the part of the OPs.

In view of the above discussion, we allow the complaint and direct the OPs jointly and severally to refund the amount of Rs. 61,246/- towards fee amount alongwith interest @ 6% p.a. from 13 July 2011 till the date of recovery, Rs. 25,000/- on account of compensation for mental agony and Rs. 5,000/- towards cost of litigation to the complainant within one month from the date of receipt of copy of this order.

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 26/12/2014 ) 

 

(N.K.Goel)                                                                            (Nishat Ahmad Alvi)

President                                                                                       Member