DISTRICT CONSUMER DISPUTES REDRESSAL FORUM NORTH-WEST,
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 434/2018
D.No._____________________ Dated: ________________
IN THE MATTER OF:
MANJEET SINGH S/o SH. PARKASH SINGH,
R/o H. NO. E-223, GALI No.3,
MAA RAMABAI AMBEDKAR MOHALLA,
JOHRIPUR, DELHI-110094. … COMPLAINANT
Versus
.
CADETS ACADEMY,
(THROUGH THE DIRECTOR)
M-3, MUKHERJEE TOWER,
MUKHERJEE NAGAR, DELHI-110009. … OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMAD, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 02.07.2018
Date of Decision: 20.05.2019
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 on the allegations that the complainant in the month of March-2018 applied for coaching of UPSC-CAPF (AC) course of session 2018-2019 of OP and the complainant deposited Rs.29,000/- in cash on 12.03.2018 for course fee and at the time of admission OP promised to the
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complainant for providing facilities i.e. a) coaching classes would be course oriented, b) separate batches for all courses i.e. CAPF (AC), c) separate faculties for all subjects, d) special batches for Hindi Medium students, e) regular physical coaching classes, f) relevant study notes will be provided for all students, g) regular weekly test will be provided on weekend and h) that the syllabus would be complete in foundation course which duration is five months. Thereafter, OP was unable to complete at least 15% of syllabus till now and OP is unable to fulfill the promises. The complainant further alleged that the complainant approached OP for full fee refund but OP refused to refund the fees and the complainant suffered a lot of unfair trade practice by OP and there is deficiency in service on the part of OP.
2. On these allegations the complainant has filed the present complaint prayed for directions to OP to refund the admission fees i.e. Rs.29,000/- as well as compensation of Rs.50,000/- for causing mental pain, agony and harassment and the complainant also sought of Rs.1,100/- for litigation cost.
3. Notices were issued on both the addresses to OP through speed post for appearance on 17.09.2018 & 30.10.2018 and notice to OP has been served by dasti mode on Ms. Saroj Mishra. But none for OP appeared on 17.09.2018, 30.10.2018, 16.11.2018, 13.12.2018 & 10.01.2019 and as such OP was proceeded ex-parte vide order
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dated 10.01.2019.
4. In order to prove his case, the complainant filed his affidavit in evidence. The complainant has also placed on record copy of receipt no. 4123 dated 12.03.2018 of Rs.15,000/- issued by OP and Rs.14,000/- paid on 22.03.2018 to OP having endorsement by OP on same receipt, copy of letter/communication dated 05.06.2018 sent by the complainant to OP seeking refund of fee and copy of pamphlet of OP for completion of various courses.
5. This Forum has considered the case of the complainant in the light of the facts contained in the complaint, 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. Despite receiving notices issued by this Forum, OP has kept silence and has not bothered to contest the case. It appears that OP has no defence at all in its favour. Accordingly, the complainant has successfully proved his case that OP has indulged in unfair trade practice and there is deficiency in service on the part of OP.
6. In the light of above discussion, we are of the opinion that OP is guilty of unfair trade practice and deficiency in service. We direct the OP is as under:
i) To refund to the complainant an amount of Rs.20,000/- being the proportionate fee as the complainant has attended the course for about 3 months.
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ii) To pay to the complainant an amount of Rs.4,000/- towards compensation for causing mental agony and harassment.
iii) To pay to the complainant an amount of Rs.1,100/- towards cost of litigation.
7. The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving copy of this order failing 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.
8. 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 20th day of May, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY:-SATYENDRA JEET
