Chandigarh

DF-I

CC/525/2018

Miss Ritika Rawat - Complainant(s)

Versus

Doon Business School - Opp.Party(s)

Devinder Kumar

04 Jan 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/525/2018
Date of Institution	:	23/10/2018
Date of Decision	:	04/01/2019

 

Ritika Rawat d/o Sh. Rajinder Singh Rawat, R/o H.No.167, B-7, Gulmohar City, Near D.A.V. School, Derabassi, District Mohali.

…..Complainant

 

V E R S U S

 

Doon Business School, 122-MI, Selaqui, Dehradun, Uttrakhand, through its Registrar.

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER

                                                                       

ARGUED BY	:	Sh. Devinder Kumar, Counsel for Complainant.
	:	Opposite Party ex-parte.

 

PER SURJEET KAUR, MEMBER

1.         The facts, in brief, are that allured by the green pastures projected by the Representatives of the Opposite Party about their Campus, the Complainant took admission in MBA course of the OP-College by depositing Rs.35,000/- vide receipt dated 22.06.2018 (Annexure C-5). On 26.06.2018, when the Complainant along with her parents visited the College premises, they realized that being a girl child, the campus is not suitable to the Complainant. Accordingly, the Complainant approached the Opposite Party with a request to refund the fee paid vide e-mail dated 26.06.2018 (Annexure C-6), but to no avail. Eventually, a legal notice dated 27.09.2018 was served upon the Opposite Party, but the same failed to yield the desired results. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant complaint.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case. However, nobody appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte on 18.12.2018.
3.         Complainant led evidence.      
4.         We have gone through the entire record and heard the arguments addressed by the Learned Counsel for the Complainant.
5.         Significantly, the Opposite Party did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Party draws an adverse inference against it. The non-appearance of the Opposite Party shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
6.         Perusal of Annexure C-2 an e-mail dated 14.06.2018 sent by Opposite Party to the Complainant clearly reveals that the Complainant was called at Hotel Park Inn, Sector 35, Main Market, Chandigarh for the purpose of Group Discussion and Personal Interview. Thereafter, vide Annexure C-5 an e-mail dated 22.06.2018 the Opposite Party acknowledged the payment of Rs.35,000/- by the Complainant towards admission fee and confirmed the admission of the Complainant in Masters of Business Administration (MBA) course at its Campus. Hence, as part of cause of action arose at Chandigarh, therefore, the present Complaint very well lies within the jurisdiction of this Forum. 
7.         It is an admitted fact that on 22.06.2018 the Complainant deposited a sum of Rs.35,000/- with the Opposite Party towards admission fee for Masters of Business Administration (MBA) at Doon Business School, Dehradun (OP). It is a fact that the Complainant did not attend the said course even for a single day. Per record, the Complainant had duly intimated the Opposite Party for refund of the fee on 26.06.2018 (Annexure C-6), but the Opposite Party did not bother to refund the same.
8.         In this view of the matter, we are of the concerted opinion that once the Complainant did not attend the College even for a single day, it was incumbent upon the Opposite Party to refund the fees paid, after deducting reasonable administrative charges. It is settled proposition of law that no fee (including advance fee) can be illegally held by the Opposite Party for the period for which no coaching/service is being availed by the Complainant.
9.         It is thus established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. The Opposite Party has certainly and definitely indulged into unfair trade practice as it ought to have refunded the fees after deducting the reasonable administrative charges, which it failed to do and propelled this unwarranted, uncalled for litigation upon the Complainant. At any rate, the Opposite Party even did not bother to redress the grievance of the Complainant despite having approached for the same by the Complainant time and again. Even after receiving the legal notice dated 27.09.2018 (Annexure C-10), the Opposite Party failed to do the needful. Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against the Opposite Party.
10.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is partly allowed. The Opposite Party is directed:-

[a]   To refund Rs.34,000/- (after deducting Rs.1,000/- towards administrative charges) to the Complainant;

[b]   To pay Rs.10,000/- as compensation to the complainant for the unfair trade practice and harassment caused to her.

[c]   To also pay a sum of Rs.7,000/- to the complainant as litigation expenses. 

11.         The above said order shall be complied within 30 days of its receipt by Opposite Party; thereafter, Opposite Party shall be liable for an interest @12% per annum on the amounts mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c]. 
12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

		Sd/-	Sd/-
04/01/2019		[Surjeet Kaur]	[Rattan Singh Thakur]
		Member	President
“Dutt”