DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.403/2012
Sh. Arun Sharma
through his father
Sh. Satpal Sharma
40, Pandit Mohalla,
Village and Post Office Jonapur
Near Central Bank of India
New Delhi-110047 ….Complainant
Versus
M/s Brilliant Tutorials Pvt. Ltd.
12, Masilamani Street, T. Nagar,
Chennai, India-600017 ……Opposite Party
Date of Institution : 14.08.12 Date of Order : 20.08.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
Sh. S. S. Fonia, Member
O R D E R
The case of the Complainant in brief is that for the preparation of engineering entrance exam he was enrolled with the OP for coaching programme from June 2011 to April 2013. He deposited a sum of Rs100285/- in cash and Rs.16,000/- through cheque with the OP total amounting to Rs.116285/-. He was allotted a registration No.11PDSI60711005 and student enrolment No.12PS13DS0128. He started attending the classes w.e.f. June, 2011. In the month of September, 2011 he observed that the classes started getting disturbed with sudden intimation to all the students that the classes will not occur from October, 2011. All the centres were shutdown by the OP in November, 2011 without any intimation. They came to know from the gatekeeper that since no salary was paid to their staff by the OP for the last three months therefore everybody had stopped working in Delhi including the centre at Kalu Sarai. He tried to contact the head office of OP at Chennai requesting for refund or start the said classes but no reply was received from the OP. After that he demanded refund of fees paid by him from the OP but till date no refund has been received. He heard that the managing director of the OP had tied up with M/s CL Educate and will restart the classes with further intimation within a week. He called number of times to the OP office but even the managing director did not pick the phone. He suffered loss of huge earned money and also mental trauma as he could not complete his ambition of taking admission in good engineering college. Therefore, OP has committed deficiency in service and unfair trade practice. Complainant has prayed as under:-
- Direct the OP to refund the fees i.e. Rs.116285/- alongwith 18% interest.
- Direct the OP to pay Rs.3 lacs towards compensation for mental agony and harassment undergone by the Complainant.
- Direct the OP to pay Rs.21,000/- as cost of litigation.
OP in the written statement has inter-alia stated that as per the terms of the contract they are not liable to refund any fees under any circumstances. The Complainant had voluntarily signed the enrollment and the registration form with the open eyes and as such he cannot resile from the same. The contact became concluded on the Complainant’s paying the fees and accepting the terms and conditions of the enrolment for the course with them. Even otherwise, this complaint is not maintainable before this Forum as the Complainant is barred by way of territorial jurisdiction. It was specifically agreed between the parties that in case of any dispute Chennai Courts where the registered office of the OP is situated would have the exclusive jurisdiction. OP has stated that they offered reallocation at another reputed institute “Carrier Launcher” but the Complainant did not opt for the same and as such the OP cannot be held liable for the act of the Complainant. OP has prayed for dismissal of the complaint.
Complainant has filed rejoinder to the written statement of OP.
Sh. Satpal Sharma, father of Complainant has filed his own affidavit in evidence while affidavit of Dr. Vasanti Neelakantan, Managing Director has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments of the counsel for Complainant and have also gone through the file very carefully.
Parties have failed to mark Exhibit Nos./annexures nos. on the corresponding documents.
It is not in dispute that the Complainant had enrolled himself with the OP and deposited Rs.1,16,285/-.
It is evident from the record that all the centres of OP were closed by the OP in November, 2011. The duration of 2 years course was from June, 2011 to April, 2013.
Now the only dispute raised by the OP is that “fees once paid cannot be refunded” to the Complainant as per the terms and conditions of the admission form, which was signed by the Complainant and his parents with their open eyes.
As all the coaching centers of OP were closed, the Complainant could not prepare for the engineering examination. He had requested the OP to refund the amount but OP refused to do so. Therefore, the Complainant was constrained to file this complaint.
It is a settled principle of law that such like institutions cannot charge the fee in advance. Educational institute can only charge prescribed fee for one semester/year. Moreover, the OP closed the coaching centre just after three months without informing the students including the Complainant and did not refund the money to the Complainant.
When the OP itself closed the centers including Delhi center how could the complainant be put at blame for it. Contract was breached by the OP and not by the complainant inasmuch as according to the contract the OP had to hold classes for 2 years w.e.f. June 2011 to April 2013. It is very surprising and painful too that instead of admitting its guilt the OP has been putting the blame on the complaint. It is a cheating on the part of OP.
Suffice it to say that OP had agreed to impart coaching to the complainant at Delhi. Therefore, this forum has the jurisdiction to entertain the complaint.
There is a gross deficiency in service on the part of OP including unfair trade practice as the Complainant had missed the chance to appear for engineering examination in good institute. Therefore, we allow the complaint and direct the OP to refund Rs.116285/- alongwith interest @ 9% from the date of filing of complaint till the date of payment is made alongwith Rs. 75,000/- 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. 12% per annum on the amount of Rs.116285/- 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 20.8.2016
(S. S. Fonia) (Naina Bakshi) (N. K. Goel)
Member Member President
Case No. 403/12
20.8.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is allowed. OP is directed to refund of Rs.116285/- alongwith interest @ 9% from the date of filing of complaint till the date of payment is made alongwith Rs. 75,000/- 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. 12% per annum on the amount of Rs.116285/- from the date of filing of the complaint till its realization. Let the file be consigned to record room.
(S. S. Fonia) (Naina Bakshi) (N. K. Goel)
Member Member President
