DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.81 /2018

Sh. Kripa Shankar Sharma

S/o Sh. D. C. Sharma

R/o C-75, Gali No.7,

West Vinod Nagar

Delhi-110092                                                               ….Complainant

Versus

 1.     Mr. Karan

 Manager/CEO

Delhi School of Internet Marketing  (DSIM)

B-26, Near Aurbindo College

Near Malviya Nagar Metro Station,                                                                   Malviya Nagar, Delhi-110017

 2.     Sh. Kunal Chaudhary, Owner

Delhi School of Internet Marketing  (DSIM)

          At Plot  No.774, 3^rd Floor,

          Udyog Vihar, Phase-V,

          Near Shankar Chowk

          Gurugram-122016, Haryana                                      ….Opposite Part

                                       Date of Institution        :         16.03.2018    Date of Order                :         12.03.2020

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

Ms. Kiran Kaushal, Member

ORDER

1. On the strength of the present complaint, complainant has prayed for direction to OP  to refund the fee of Rs.37,500/-  alongwith interest @ 24% per annum.  Additionally he has prayed for direction to OP to pay compensation of Rs.1 lakh for the mental agony and harassment suffered by the complainant.                                                                             
   1. The complainant took admission in Delhi School of Internet Marketing (DSIM) hereinafter referred to as OP and made part payment of Rs.25,000/- out of total fee of Rs.57,500/- on 07.04.2017. Sum of Rs.12,500/- towards fee was paid by the complainant to OP on 07.10.17. The complainant took admission in the said course as he was informed that the classes for the said course will be held at Preet Vihar Delhi Centre on Weekends in the Evening.
   2. It is averred that after receiving the part payment, OP informed the complainant that the classes will be held in the Morning and no classes will be held in the evening shift as was informed to the complainant earlier. It is next stated that the complainant is employed with the private company based at Noida and his office timing are 9 AM to 6 PM and the same was duly conveyed to the OPs at the time of taking admission. When the complainant showed his inability to attend morning classes, representative of OP assured the complainant need not worry on this account as evening classes were to be started in the  first week of May, 2017 and in case evening classes do not start the total sum of Rs.37,500/- deposited by the complainant   shall be refunded to him. However despite repeated requests made by the complainant OP neither started the evening classes nor refunded the money hence the present complaint.
2. OPs were duly served notice. None appeared on behalf of OPs to contest the case. Hence, OPs were proceeded against exparte on 28.08.18.
3. Exparte evidence and written arguments are filed on behalf of the complainant. Submissions made on behalf of the complainant are heard. Material placed on record is perused carefully.
4. Averments made in the complaint have remained uncontroverted and unchallenged.  Hence, there is no reason to disbelieve the version of the complainant.
5. Invoice No. 004195 dated 07.04.1 7 appended at page 11 of the complaint is filed on behalf of the complainant                             which confirms that Rs.25,000/- was paid by the complainant  to OP. HDFC Bank Slip and SMS from VK-PNB SMS is appended at  page 22 of the complaint which shows that Rs.12,500/- were paid by the complainant  to the OP on 07.10.17. The said documents / fee slips prove that the complainant had deposited Rs.37,500/- towards  fee for the said course to OP on the understanding that he will attend the Weekend classes in the Evening. OP knowing very well that the complainant was doing a 9-5 job and will not be able to attend the morning classes on regular basis did not provide evening weekend classes to the complainant as promised. Having made the promise and receiving the fee made on false promise OP is clearly deficient in service. Hence we allow the complaint and direct OP to refund the amount of Rs.37,500/- with interest @ 10% per annum to the complainant from the date of filing of the complaint till realization within 45 days of receipt of copy this order. Additionally OPs are directed to pay Rs.10,000/- towards  harassment, mental agony and litigation cost to the complainant. Failing which OPs shall become liable to pay interest @ 15% p.a. on the amount of Rs.37500/- from the date of filing of the complaint till realization.
6. 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 12.03.2020