DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

CC No.27 of 25-01-2022

Decided on :01-06-2023

Imaan Singh Khara Advocate S/o Harpal Singh Khara Advocate R/o Gali No.6/2, Bibiwala Road, Guru Teg Bahadur Nagar, Bathinda.

1. 1. 1. 1. 1. 1. 1. 1. 1. ........Complainants

Versus

De Facto Law, A UPSC Preparation Institute, 103-B, First Floor, Pusa Road, Near Karol Bagh Metro, Chroma Store, New Delhi-110060, through its Authorized Representative/Signatory/MD/Chairman.

.......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM:-

Sh.Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present:-

For the complainant : Sh.Jeevanjot Sethi, Advocate.

Opposite parties : Ex-parte.

ORDER

Lalit Mohan Dogra, President

1. The complainant Imaan Singh Khara (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 before this Commission against De Facto Law (here-in-after referred to as opposite party).

2. Briefly the facts of the complaint as pleaded by the complainant are that he opted to join the Law Optional Test Series through online Law Optional Website of De Facto IAS for which he deposited a sum of Rs.15,000/- with opposite party through online payment from his bank account with State Bank of India on 26.10.2020.

3. It is alleged that he submitted his first test of the series to opposite party on 7.11.2020 for evaluation, but the evaluated answer sheet was never sent to him. The complainant again asked opposite party to send the evaluated answer sheet, but it showed its inability to do so. Due to 2nd wave of Covid-19 Pandemic, he discontinued with the Law Optional UPSC Preparation and requested opposite party for refund due to the financial constraints that was blatantly refused by it.

4. It is further alleged that the complainant also sent e-mails and messages to opposite party through whatsapp, but it flatly refused to refund him any amount on the ground that there is no refund at all. Opposite party has illegally and arbitrarily refused to refund the amount, although the case of the complainant is covered under exceptional case beyond the terms and conditions of opposite party for refund because he never availed the services of oppsoie party after depositing fee of Rs.15,000/-.

5. It is further alleged that due to the act on part of opposite party, the complainant has suffered from great mental tension, agony, botheration, harassment, humiliation and financial loss.

   On this backdrop of facts, the complainant has prayed for directions to opposite party to refund Rs.15,000/- with interest @12% p.a. and to pay compensation of Rs.50,000/- in addition to cost of Rs.3300/-.

6. Upon notice, none appeared on behalf of opposite party. As such, ex-parte proceedings were taken against it.

7. In ex-parte evidence, the complainant has tendered into evidence documents (Ex.C-1 to Ex.C-14) and closed the evidence.

8. We have heard learned counsel for the complainant and gone through the record.

9. Counsel for complainant has argued that the complainant has deposited Rs.15,000/- with opposite party vide receipt, (Ex.C1) as he had opted to join Law Optional Test Series and submitted his first test series to opposite party on 7.11.2020 for evaluation, but the evaluated answer sheet was never sent to him. Opposite party failed to respond to the quaries of the complainant. As such, thereafter the complainant discontinued with law optional UPSC preparation due to second wave of Covid-19. Opposite party was requested to refund amount of Rs.15,000/-. However, opposite party refused to refund amount, which amounts to deficiency in services.

10. We have given careful consideration to these submissions.

11. It is admitted fact that the complainant had deposited Rs.15,000/- with opposite party by opting to join Law Optional Test Series through online Law Optional Website De Facto IAS. The evidence of the complainant has remained unrebutted and it has been proved on record that opposite party failed to evaluate the first test series submitted by the complainant on 7.11.2020 and thereafter failed to refund amount of Rs.15,000/- after discontinuation of course by the complainant on account of second wave of Covid-19.

12. Accordingly, the complaint is partly allowed and opposite party is directed to refund amount of Rs.15,000/- received from the complainant, to the complainant alongwith interest @9% per annum from the date of filing of complaint till realization.

13. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

14. The complaint could not be decided within the statutory period due to heavy pendency of cases.

15. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced :

    01-06-2023

    (Lalit Mohan Dogra)

    President

     

     

    (Shivdev Singh)

    Member