Date of Filing: 07/06/2011

        Date of Order: 14/07/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  14^th DAY OF JULY 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO. 1038 OF 2011

Sri. G. Aravinda Reddy,

R/at: No.135, Ramdas Layout,

Raja Rajeswari Nagar B,

8^th Cross, 1^st Main Javaregowda nagar,

Bangalore-560 098.                                                            ….  Complainant.

V/s

The Director,

JTS Institute Private Limited,

# 23, Infantary Road,

BANGALORE-560 001.

(Rep. by Advocate S.K. Mahesha)                                        …. Opposite Party.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

-: ORDER:-

The brief antecedents that lead to the filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Party to pay Rs.35,296/-, are necessary:-

          The complainant has enrolled himself for the I.A.S. class room coaching with the opposite party and paid Rs.35,296/-, who has promised the coaching of CSAT coaching, MAIN coaching:- (a) Two options subjects geography & psychology, (b) GS or GK Consisting of Numeracy, History, Geography, English, Economy, Polity Biology, Reasoning, Soft skills like decision making and also said that the classes would be conducted on weekends.  It was specifically made known to the opposite party that only if weekends batches are provided he will enroll.  The opposite party had scheduled the classes of geography and psychology simultaneously at the same time which made it impossible for complainant to attend the classes for both.  Later the opposite party has cancelled the psychology classes.  The opposite party had scheduled the CSAT classes mostly on weekdays which made the complainant impossible to attend the same.  This was brought to the notice of the student coordinator of the opposite party who expressed his inability to take care in the matter.  When complainant asked the opposite party to refund his money the opposite party issued a show-cause notice based on false accusation so that they can expel the complainant from the institute.  This is nothing but deficiency in service and unfair trade practice.  Hence the complaint.

2.       In brief the version of the opposite party are:-

          The complainant had joined the opposite party’s institute for the Civil Services Exam coaching on 02.07.2010 by giving an application wherein he has given his address as that of Bellary.  The complainant has attended the classes from 23.07.2010 to 02.01.2011 which includes Orientation, General Studies, and Optional Papers (Geography and Psychology).  On 02.01.2011 the complainant took permission from the Academic coordinator to be absent for two day, but thereafter he did not appear for three months.  After two day the opposite party has sent several notices to the complainant to his Bellary address and also tried to contact him over phone No.9538031395, but it was not connected.  Finally the complainant was contacted on 02.04.2011 and he was asked about his absence for the three months.  Instead of giving the reason for his absence the complainant has given negligent answer and said ‘it is none of your business’ i.e. coordinator’s job.  On the next day the complainant visited the opposite party and said sorry to the coordinator and said he will continue the classes.  For further discussion regarding how to re-start the classes he will meet the coordinator again on 08.04.2011 and fixed up an appointment with the coordinator on 11.04.2011 at 5.00 pm.  On 11.04.2011 the complainant called the coordinator at 4.00 pm and confirmed that he will be meet him at 5 pm.  The said coordinator told the complainant his usual working hours is up to 5.00 pm only but he waited for the complainant till 6.00 pm and left the institute after arranging another responsible person to meet the complainant.  Finally the complainant turned up at 6.45 pm and the office staff informed the complainant about the waiting of the coordinator up to 6.30 pm.  Immediately thereafter the complainant called the coordinator over phone and abused him badly.  When the other staff tried to convince, the complainant misbehaved with the staff and caused serious disturbance even to the classes and the peaceful atmosphere of the opposite party.  Hence the opposite party has decided to take disciplinary action and issued show-cause notice to the Bellary address of the complainant on 13.04.2011, “why he shall not be expelled from the coaching program”.  Instead of reply the complainant sent a legal notice, but inside the cover only two blank papers were there which was received by the opposite party on 23.04.2011.  A notice sent to the complainant was returned with a Shara as “not claimed”.  The opposite party has mentioned in his website that the classes will be conducted in the weekends and in case it is required they will conduct the class on weekdays also during the period of examination i.e., between January and May to complete the portion; this has been displayed in the notice board also.  The opposite party has not conducted the weekday classes till March-2011 only in April-2011 the week day classes was conducted.  The opposite party had offered a few Geography and Psychology classes simultaneously when there were no students who have taken the Psychology and Geography combination together as optional papers.  Later some students requested Psychology classes.  The opposite party noticed those students to contact the opposite party for a convenient scheduling and this was informed to all the students through e-mails on 02.01.2011.  Some students contacted the opposite party directly and the opposite party organized Psychology classes for them.  Even though the complainant has received the e-mail, has not responded to the opposite party.  The opposite party has not suspended the psychology classes.  The opposite party has conducted only CSAT classes on weekdays only on 13 weekdays.  Rest of the allegations are denied.

3.       To substantiate the respective cases parties have filed their affidavits and documents.  The arguments were heard.

4.       The points that arise for our consideration are:-

:- POINTS:-

1. Whether there is any deficiency in service?
2. What Order?

5.       Our findings are:-

Point (A) & (B)         :           As per the final Order

                   for the following:- 

-:REASONS:-

Point A to B :-

6.       Reading the pleadings in conjunction with the affidavits and documents on record, both oral and documentary, it is an admitted fact that, the opposite party is conducting coaching classes for the aspirants of Civil Service Examination.  It is also an admitted fact that the complainant has paid Rs.35,296/- on 03.07.2010 vide receipt No.484 in the batch of coaching commencing on 11.07.2010.  It is also admitted fact that the opposite party conducts coaching classes for CSAT coaching, MAIN coaching:- (a) Two options subjects geography & psychology, (b) GS or GK Consisting of Numeracy, History, Geography, English, Economy, Polity Biology, Reasoning, Soft skills like decision making.  The complainant also opted for Geography and Psychology classes and that was also arranged.  It is also an undisputed fact that the classes would be conducted on the weekends only and not on the weekdays.  It is also an undisputed fact that between 23.07.2010 and 02.01.2011 the complainant attended the coaching classes without any murmur.  The terms and conditions of the coaching classes is mentioned in the registration/admission form itself the same has been accepted by the complainant signed it on 02.07.2010.  the said application reads thus:-

Here the complainant has given his Bellary address as permanent address and his local address at Rajarajeswarinagar, Bangalore.  This Rajarajeswarinagar, Bangalore address has been giving as the local address, is very much important to consider.  According to the terms and conditions for the I.A.S. examination the institute will give coaching and if the entire amount is paid at the time of admission and if the student fails in the preliminary examination then they will refund the entire amount.  The refund claimed will be honoured only after publication of the results by the UPSC and within 30 days from the date of result.  No refund of the money will be given or considered on any other circumstances and if any student absent chronically in more than five working days a notice will be given and he will not be entitled to the money back.  Here the complainant has not taken up the examination; he has not attended the classes beyond 02.01.2011 admittedly.  According to the terms and conditions if the complainant had absented for more than five days in a week he shall be issued with a show-cause notice.  From 02.01.2011 till 13.04.2011 no notice has been issued to the complainant.  This is very much important to note.  This itself goes to show the untenable contention raised by the opposite party in this regard.  Anyway from 02.01.2011 the complainant has not attended the classes.

7.       Further as per the time table as admitted by the opposite party the psychology classes and Geography classes was conducted on the same day at the same time for example the time table of 27.11.2010, 28.11.2010, 12.12.2010 reads thus:-

This clearly goes to show that these subjects were tought at the same time on the same day.  The complainant is not omnipotent nor omnipresent who can be present at two different places at the same time and receive two different matters at the same time and absorb it.  Further it is seen from the time table dated: 13.12.2010 that no Psychology classes are arranged on Sunday and Saturday.  The complainant wanted the weekend classes, even that has been subjected with respect to the Psychology on the weekends.  But however the opposite party on 12.01.2011 has issued a time table asking the psychology students to contact the opposite party.  Anyway this is after 02.01.2011 that means the opposite party has not conducted the classes of psychology and geography classes on the weekends nor it conducted a coaching classes to psychology students up to 02.01.2011.  This is nothing but deficiency in service.

8.       Here the contention of the opposite party is that the complainant has abused, misbehaved with the student’s coordinator on 11.04.2011 and hence a show-cause notice was issued to the complainant for taking disciplinary action and it was sent to his Bellary address.  This is nothing that ridiculous.  When the complainant has given his Rajarajeswarinagar, Bangalore, as local address in the application itself why they have sent the notice to Bellary address?  It is not stated by the opposite party that the complainant was coming to the coaching classes between July-2010 and January-2011 from Bellary, he was staying in a lodge and attending the classes nor they have stated that they were not knowing the Rajarajeswarinagar, Bangalore address of the complainant.

9.       It was contended by the opposite party that the complainant had sent blank papers in the cover and the notice was returned with a Shara “as not claimed”.  If any galata was made by the complainant on 11.04.2011 the opposite party would have lodged a police complaint against the complainant on 11.04.2011 while he was in their premises and would have handed him over to police, but waited till 13.04.2011 and sent a registered notice for disciplinary action, to Bellary!

10.     The complainant is not a regular student of an academic class of a recognized college.  This is a coaching class, a man may take coaching or may not take coaching class, but question of disciplinary action does not arise.  Even the opposite party knew the phone number of the complainant.  They could have known the address of the complainant by writing to the concerned authority.  How can they take disciplinary action? this itself clearly goes to show as the opposite party was unable to conduct its classes as agreed the complainant has demanded the money, hence an untenable show-cause notice was issued to the complainant to his address at Bellary not the address at Bangalore as rightly contended.

11.     Anyway the opposite party has admitted that it has conducted 13 CSAT coaching classes on weekends up to January-2011.  When the complainant wants that a coaching on the weekends how can the opposite party can conduct coaching classes on the weekdays?  Only to cover up portions from January to April coaching classes may be conducted regularly on the weekdays that too it if need be, that if it is not inconvenience to the students.  It is not a regular college wherein the opposite party could put its terms.  The complainant wanted coaching to his convenience and not at the convenience of the opposite party.  Hence this amounts to deficiency of service.

12.     Here the complainant has attended the coaching classes for six months without raising any murmur.  For the balance of three months because of the deficiency of service he has not attended the classes.  Hence out of the nine months the complainant has attended 2/3^rd of the classes and did not attend 1/3^rd of the classes.  Even in the 2/3^rd of the classes he could not attended the 13 classes of CSAT coaching classes and there was no coaching classes for psychology.  The opposite party might have spent certain amount to the coacher’s who are not of their regular pay rolls and to some Professors.  Hence considering the convenience and inconvenience of both if we direct the opposite party to pay a sum of Rs.20,000/- that will meet the ends of justice.  Hence we hold the above points accordingly and proceed to pass the following:- 

ORDER

1.        The complaint is Allowed-in-part.

2.        The opposite party is directed to pay to the complainant a sum of Rs.20,000/- within 30 days from the date of this order.

3.       The opposite party is also directed to pay Rs.2,000/- to the complainant towards cost of this litigation.

4.       The opposite party is directed to send the amounts as ordered at Serial Nos.2 & 3 above through DD by registered post acknowledgment due to the complainant and submit the compliance report to this Forum with necessary documents within 45 days.

5.       Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.

6.       Send a copy of this order to both parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 14^th  Day of July 2011)

MEMBER                                              MEMBER                                          PRESIDENT