Orissa

Khordha

CC/149/2019

Purnima Pradhan. - Complainant(s)

Versus

Center Head, Bikash IAS Academy. - Opp.Party(s)

Self

04 Feb 2020

ORDER

 

BEFORE THE DIST.CONSUMER DISPUTES REDRESSAL FORUM, KHURDA, BHUBANESWAR:

                                                -ooOoo-     

C.D.CASE NO. 149/ 2019

 

Purnima Pradhan, aged about 22 years,

D/o   Hrudaya Ballabha Pradhan,

At – Flat No.D/118, Basant Park Apartment,

Forest Park area, Bhubaneswar – 751009

Dist – Khurda, Mob No.7978114106

                                                                   ….     Complainant

          -Vrs.-

 

Centre Head, Bikash IAS Academy, near DAV School of

Business Management, Unit – 8, Bhubaneswar – 751012

 

 

…      Opp.Party

 

For the complainant                …      In person

For the O.P.                                     …      Sri U.Ch.Sethi  & Associates

 

Date of filing : 16/04/2019

Date of disposal : 04/02/2020

ORDER

MR.B.R.SWAIN, MEMBER :

1.       The  brief fact of the case is that,  the complainant   took admission in the OP coaching Institute i.e. Bikash IAS Academy, Bhubaneswar  and made payment of the  course fee in three phases amounting to Rs.35,000/-  total for IAS coaching  classes commencing from 07/11/2018. But  after attending only eight (8)  classes, she found the quality of teaching to be  substandard and very dissatisfied. Most of the information provided at the time of admission were latter proved to be false. So following frustration and depression she stopped going classes from 29/11/2018. Thereafter the complainant claimed refund of an amount of Rs.30,000/- from the OP which she had given for six months course.  But the OP  refused to refund the same on the ground that “No Application for refund of fees is accepted”  as cited in the application form and also in the money receipt provided to the complainant during the time of admission.    Several attempts were made through phone calls and applications were sent for refund of money, but no clear reply was given by the OP. So on being aggrieved, alleging deficiency in service and  unfair trade practice on the part of the OP, the case has been filed by the complainant U/s 12 of the C.P.Act, 1096 with prayer to direct the OP to refund the amount of Rs.30,000/-   to the complainant along with Rs.10,000/- a compensation for mental agony and harassment.

 

2.       Upon notice, the OP  put in  appearance and filed its  written version denying the allegation of the complainant as averred in the complaint petition that due to frustration and depression the complainant stopped going to classes. It is stated that the amount of Rs.35,000/- deposited  by the complainant  is towards  the admission fees for coaching classes of IAS preliminary G.S. for 3 months and the complainant attended the classes for the above period, hence refund of Rs.30,000/- does not arise at all. It is also contended that the money receipt attached in the complaint petition were clearly mentioned that “no application for refund of fees is accepted” and the same is with the knowledge of the complainant, then there is no scope for the complainant  to seek for refund of Rs.30,000/- and as such the complainant is not entitled to any amount as claimed in her complaint petition and  the complaint is liable to be dismissed.   

 

3.       We have given a thoughtful consideration to the arguments advanced before us by both sides during the course of hearing and have examined the materials on record. It appears from the record that the complainant has furnished the copies of the money receipts issued  by Bikash IAS Academy against the money deposited by the complainant towards the admission fees for Preliminary G.S. (UPSC & OPSC). Admittedly, the complainant after depositing the 1^st phase of money on dated 07/11/2018, has attended the coaching classes, which was started from that very date. Thereafter, she has deposited the further amount of  fees in two phases and the last payment was made on  28/11/2018. So the plea taken by the  complainant that the quality of teaching was substandard and very dissatisfied and following frustration and depression, she stopped going classes from 29/11/2018, is hard to believe. Because if the  complainant was not satisfied with the quality of teaching, then she would not have deposited the fees on 28/11/2018 and if at all after depositing the fees, stopped going to classes from 29/11/2018,  then she could have been approached the OP for refund of money immediately after that. But on verification, we do not find any such documents available on record, except a copy of an application for refund of money sent by mother of the complainant to the OP on dated 13/03/2019 which is after more than three months from the alleged discontinuance of classes by the complainant as claimed.  From this,  we have no hesitation to believe that the complainant has actually attended the  classes for three months as claimed by the OP. Also, the money receipts itself reveals that “No application for refund of fees is accepted” and by knowing fully well about this the complainant deposited the 2^nd and 3^rd installments of the admission fees.

 

          So from the above circumstances, we do not find any reason to hold that the  OPs committed any deficiency in service or unfair trade practice so as to entitle  the complainant to any refund of money claimed by her in the complaint petition. Hence considering the above fact, it is ordered that:-    

ORDER

The complaint is   dismissed on contest  against the OP    without  cost.

 

The order is pronounced on this day the  4^th February, 2020   under the seal & signature of the President and Members of the Forum.

 

                                                                                                                                                                                       MEMBER 

Dictated & corrected by me

 

           Member

I agree                                                         I agree        

 

 Member (W)                                              President

(MISS K.NAYAK)                                    (P.C.MISHRA)

 

Transcribed by Smt.M.Kanungo, Sr.Steno :