Complaint filed on: 08-10-2012
Disposed on: 30-01-2013
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052
C.C.No.2030/2012 and 2031/2012
DATED THIS THE 30th JANUARY 2013
PRESENT
SRI.J.N.HAVANUR, PRESIDENT
SMT.NIVEDITHA.J, MEMBER
Complainants:-
1. In CC No.2030/2012
Sri.Kiran.R, S/o.Jagannath.R,
Aged about 24 years,
R/at No.beside Sri Harikrupa,
Gandhi Nagar, 3rd Cross,
Near Bala Bharathi School,
Bellary-583 103
2. In CC.No.2031/2012
Ms. Keerthi S.Mirajkar,
D/o Mr.N.S.R. Mirajkar,
Aged about 24 years,
Residing at No.4, 2nd Main Road, Sri.Muneshwara Temple Street, Opp. Sujatha Store, Railway Colony, RMV 2nd Stage, Bangalore-94
V/s
Opposite party:-
CEGONOSOFT Pvt. Ltd,
#58/4, 8th Main, 17th A Cross,
Malleshwaram,
Bangalore-560 055,
Represented by its Manager
ORDER
SMT.NIVEDITHA.J, MEMBER
Since both the matters are between the same parties i.e., the first complainant in C.C.No.2030/2012 and second complainant in C.C.No.2031/2012, and the opposite party is the same, and matter is similar, both are taken up together for this order, and common order is passed, for the sake of convenience, Complainant in CC No. 2030/2012 will be referred to as Complainant No. 1 and Complainant in CC No. 2031/2012 will be referred to as Complainant No. 2.
2. These are the complaints filed by the complainants against the OP, under section 12 of the Consumer Protection Act, 1986, praying to pass an order, directing the OP to pay Rs.18,214=00 to the Complainant No. 1, and to pay Rs.47,000=00 to the complainant No. 2 along with cost of litigation.
3. The brief facts of the complaints can be stated as under:
The complainant Nos.1 and 2 have impressed on the advertisement given by the opposite party institution to train the needy in the software courses. The OP has collected Rs.11,214=00 from 1st complainant to train in the course of PHP/MYSQL and the complainant No.2 has paid Rs.35,000=00 as fee to the OP to get the training in the course of ADVANCED DOTNET+PHP?MYSQL+ FLASH+FLEX+JAVA SCRIPT. After receipt of money, the OP has assured the complainants that, they will furnish time table in short period as they are still in need of some more students to start the courses. The complainants No.1 and 2 have waited as per assurance of the OP, but OP has not furnished the time table of the course, which the complainants have opted to undergo. Later the complainants learnt that, the OP has no teaching staff, and it has no proper infrastructure to train the students in the courses as per its advertisement. The OP has made an attempt of starting of the classes, but classes were not regular to keep students abreast of the course they opted. The complainants and other students reported to attend the classes; the staff of the OP used to take the signature of the students in the register and asked them to wait. No teacher was there to conduct the classes. After an hour of waiting by the complainants, the staff used to say that, the class will be taken next day. The OP has never given the training or education as per advertisement. The complainants have demanded for refund of money which they have deposited towards fee. The OP neither refunded the amount nor conducted the classes for the courses opted, which the OP assured, promised and collected fee for the same. On 24-08-2012, the complainants have issued legal notice to the opposite party seeking refund of all the payments made to OP. The opposite party has not given any reply to the said notice. Hence, the present complaints are filed.
4. After filing the complaints, notices were issued to the OP. The notices issued to OP were returned as duly served, and the OP was called out absent and placed them as exparte.
5. So as to prove the case, the complainants have filed their affidavit by way of evidence, and produced five documents in both complaints. We have heard the arguments of complainant and we have gone through the oral and documentary evidences of complainant’s side meticulously.
6. The complainants have stated in their affidavit filed by way evidence that, the 1st complainant has paid Rs.11,214=00 to the Op for the course of PHP/MYSQL and the OP has issued the Invoice No. 14405 for same. On 10-04-2012, the 2nd complainant has paid Rs.35,000=00 to the OP for the course of ADVANCED DOTNET+PHP?MYSQL+FLASH+FLEX+JAVA SCRIPT and the OP has issued the Invoice No.13989 for same. Accordingly they got admissions and paid the said amount through cash as per directions of the college authorities and there is no dispute to that effect. After receipt of money, the OP has assured to the complainants that, they will furnish time table in a short period and the complainants have believed the OP. The complainants have waited as per assurance of OP, but OP has not furnished the time table of the course, which the complainants have opted. Thereafter, the complainants have made an attempt of starting of classes, but classes were not regular to keep students abreast of the course they opted. After admission, the complainants have regularly attended the classes, but OP has failed to provide the teaching. No staff was there to conduct the classes. The complainants made to waste number of days, without conducting the classes by OP. the OP has no teaching staff and it has no proper infrastructure to train the students in the courses as per advertisement. The complainants have issued the legal notices to the Op for refund of money on 24-08-2012 by RPAD and the said notice was duly received by the OP, but the OP did not reply, and the complainants have constrained to approach the forum for the relief as prayed in the complaints. Hence the present complaint is filed. The complainants have prayed to allow the complaints, in the interest of justice and equity.
7. By reading the averments of complaints and evidence of the complainants as mentioned above, it is unambiguously clear that, the complainants have given their evidence in accordance with the averments of the complaints. Let us have a look at the relevant documents of the complainants to verify whether the oral testimonies of the complainants are fortified by documentary evidence or not. The document no.1 of the complainants are the copy of admission order of the OP issued in the name of the 1st complainant for PHP/MYSQL and 2nd complainant for ADVANCED DOTNET+PHP?MYSQL+FLASH+FLEX+JAVA SCRIPT courses by receiving Rs.11,214=00 and Rs.35,000=00 respectively. The complainants have signed the said documents. The document no.2 is the copy of “students’ rules and regulation” and the complainants have signed the said documents. The document no.3 is the copy of receipts issued by the OP for having made the payment towards tuition fee on 10-04-2012. The document no.4 is the copy of legal notice of the complainants issued to the OP dated 24-08-2012 stating that they have not continued the study in the institution, so they requested to return the amount. The next document is the postal acknowledgement card for having sent a legal notice.
8. By reading the complaints, oral and documents of the complainants, it is made manifest that, after getting admission of complainants, the OP has assured that they will furnish time table in a short period. But OP has not furnished the time table of the courses. Thereafter, the OP has not made any attempt to start the classes even though students were regularly attending the institution. The Op used to take signature from the students in the register and asking them to wait. After an hour of waiting, the op used to say that classes will be taken next day. So Complainants prayed to return their amounts. The complainants have produced the Invoice and students’ Rules & Regulation of course of the OP, and in the said documents there is a note that “once enrolled there will be NO REFUNDS” and “once after registration there will be NO REFUNDS. It may apply to the students who enrolled and not attended the classes and left the institution even though classes were conducted and provided all the services as per the promise to the students. But in this case, as the OP has not taken any steps to conduct the classes for the courses opted and failed to keep up its assurance & promise, OP is bound to refund the amount.
9. The Complainants have made some allegations against the Opposite Party in respect of the deficiency in service. The OP has not appeared and contested the matter even though notice was duly served. OP did not care to appear before this Forum. In the absence of any defence version, the allegations made by the Complainants against the OP have remained un-assailed. The terms & conditions as seen in the Security Deposit Receipt are unfair and one sided as the OP has not provided the services to the students for the courses offered by them. The said act of OP is nothing but deficiency in service and unfair trade practice.
10. Imparting of education by an Educational Institution for consideration is a service and falls within the purview of the Consumer Protection Act. The complainants are entitled for refund of the amount paid by them to the OP though they had voluntarily withdrawn from getting admission as there was no class for the courses offered by the OP. The opposite party cannot be allowed to make wrongful gain by receiving the admission fee from the complainant.
11. In spite of several requests made by the complainants, the opposite party has neither cared to refund the money nor provided services as assured by them and this is nothing but an unfair trade practice. Hence, we come to straight conclusion that, the complainants have proved their cases with clear and tangible evidences. So, the OP is directed to refund a sum of Rs11,214=00 to the 1st complainant in CC.No.2030/2012, and Rs.35,000/- to the 2nd complainant in CC.No.2031/2012 along with 9% interest per annum from the date of order to till the date of realization, and to pay Rs.2,000=00 each towards litigation expenses. In the result, for the foregoing reasons, we proceed to pass the following order.
ORDER
(Vide separate order dated 30-01-2013)
The complaints of the Complainants are allowed in part.
The Opposite Party is directed to pay Rs.11,214=00 to the 1st complainant in CC No. 2030/2012, and Rs.35,000=00 to the 2nd complainant in CC No. 2031/2012 along with interest @ 9% per annum on the said amount from the date of this order to till the date of realization.
The opposite party is further directed to pay Rs.2,000=00 each to the complainants towards costs of this litigation.
It is ordered that, the original order shall be kept in CC.No.2030/2012 and copy thereof in CC.No.2031/2012.
Supply fee copy of this order to both parties.
Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this the 30th day of January 2013.
MEMBER PRESIDENT
