Orissa

Cuttak

CC/60/2020

Tarini Tanaya Mohapatra - Complainant(s)

Versus

FIIT JEE - Opp.Party(s)

D P Mohapatra

19 Jan 2021

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.60/2020

1.           Tarini Tanaya Mohapatra,

S/O:Dillip Kumar Mohapatra,

At/P.O:Chandinichouk, Dist:Cuttack.     

 

2.           Dillip Kumar Mohapatra,

S/O:Jagannath Sah,

At/P.O:Chandinichouk,Dist:Cuttack.                                                  … Complainants.

 

Vrs.

1.        Centre Head,FIITJEE,Cuttack,

3^rd Floor,Kailash Plaza,At:Link Road,

P.O:Arunodaya Nagar,Diust:Cuttack.

 

2.        FIITJEE Ltd.,29-A,Kalusarai,ICES House,

Sarvapriya Vihar,New Delhi-110016.

 

3.        EDFORA INFOTECH PRIVATE LIMITED,

N161A,Saira Tower,2^nd Floor Gulmohar Commercial Complex,

Green Park,New Delhi-110049.

 

4.        MEGACOSM COGNITION PRIVATE LIMNITED,

65,First Floor,Govind House,New Delhi-110016.… Opp. Parties.

 

 

Present:               Smt. Sarmistha Nath, Member (W)

                                Sri  L.N.Das Choudhury,Member

                               

 

Date of filing:    21.08.2020

Date of Order:  19.01.2021

 

For the complainant  :    Sri D.P.Mohapatra,Adv. & Associates.

For the O.Ps.                :   None.

 

Smt. Sarmistha Nath,Member(W).

 

The complainant has filed this complaint before this Forum against the O.Ps for redressal of his grievances U/S-35 of the C.P.Act,2019 in terms of the prayer made in the complaint petition alleging deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The case of the complainant in short is that the complainant is a student.  After completion of CHSE in the year 2018 being allured by the advertisement of O.P.1 & 2, the complainant no.1 contacted the FIIT JEE,Cuttack,Link Road,Cuttack  to know about one year extended classroom programme for JEE (Main & Advanced) 2019.  On discussion with the Centre Head and Faculties of FIIT JEE,Cuttack they assured the complainant no.1 to provide good faculties, systematic teaching and simultaneously to clarify all the doubts and problems of the complainant no.1 by experienced faculties.  The O.P No.1 assured to teach courses of 11^th and 12^th class science subjects by eminent and higher qualified faculties and to clarify the queries, questions and problems of the complainant no.1 up to his satisfaction.  On the assurance of O.P.1, the complainant decided to enrol in the course of “one year extended classroom programme for JEE(Advanced),2019”.

As per the direction of officials of O.P No.1, the complainant deposited two bank drafts vide no.654985 dt.18.6.2018 for Rs.23,000/- in favour of FIITJEE LTD Fee Collection Account and draft bearing no.654986 dt.18.6.18 for Rs.6,400/- in favour of EDFORT INFOTECH PVT. LTD on 18.6.2018 in the office of O.P.1.

In the first week of July,2018, the complainant no.1 attended the class at FIIT JEE LTD,Cuttack.After a week of the class when the complainant found some doubts in subjects on 9.7.18, complainant no.1 asked the concerned teachers about his doubts.

The teachers informed the complainant no.1 that they cannot clear the doubts in regular classes and asked the complainant no.1 to meet officials and centre head to fix the timing to clear the doubts in subjects.Same day on 9.7.18 the complainant met the centre head and officials of O.P.1 and requested them to fix up the timing to clarify the doubts in different subjects.On verifying the fees payment status of complainant no.1 the O.P. No.1 asked the complainant no.1 to deposit the entire course fees by tomorrow on 10.7.18 in shape of post dated cheques and thereafter time will be fixed to clarify the doubts.Finding no other alternative, the complainant no.2, the father of the complainant no.1 went to the office of O.P.1 on 10.7.18 and deposited the entire course fees in shape of post dated cheques.The complainant no.2 filled up the post dated cheques as per the dictation of O.P.1 and requested them to fix up timing to clarify the doubts of complainant no.1 in the subjects.On 10.7.18 the complainant no.2 deposited the rest amount of fees vide cheque no.142661 dt.10.7.18 amounting to Rs.15,300/-, cheque no.142663 dt.11.7.18 amounting to Rs.14,475/-, cheque no.142664 dt.10.8.18 amounting to Rs.9075/-, cheque no.142665dt.10.9.18 amounting to Rs.9075/-, cheque no.142667 dt.10.10.18 amounting to Rs.9075/- in favour of FIIT JEE LTD FEE Collection Account and three post dated cheques i.e. cheque dt.10.7.18 amounting to Rs.3600/-, cheque dated 10.8.18 amounting to Rs.3600/-, cheque dt.10.9.18 amounting to Rs.3600/- and cheque dt.10.9.18 amounting to Rs.3600/- and cheque dated 10.10.18 amounting to Rs.5,100/- issued in favour of O.P No.4.Copies of the payment receipts are Annexure-1.

After seven days of receipt of entire course fees, the complainant no.1 again requested the officials and faculties of O.P.1 to fix up the date to clarify his doubts and queries but the O.P.1 told the complainant no.1 that they are targeting to complete the course syllabus within the last week of November,2018 in order to appear in the JEE Exam to be held in the month of January,2019 as per the new guideline of NTA(National Testing Agency) ,as such they cannot spare any time.When the complainant no.1 expressed his difficulties that he is not able to follow new subject due to doubts of previous subjects the faculties of O.P No.1 told him that earlier the examination was held in the month of April every year and the course was completed comfortably giving sufficient time to clear problems but this year due to insufficient time, they are unable to clarify doubts and problems during class time but they assured the complainant no.1 that they will fix the time in last week of July.Till the end of July,2018, no time was fixed to clarify doubts in different subjects in spite of payment of entire fees by complainant.They also jumped from one subject to other overlooking the basics to complete the courses.The complainant no.1 again brought it into notice of Centre head but it did not yield any result.The classes were not up to mark and complainant no.1 was not comfortablewith the method/skill of faculties, so he stopped attending classes and intimated that he stopped attending classes since 7.8.2018 and he requested O.ps to refund Rs.74,450/- and return post dated cheques which were deposited at the time of admission.The complainant no.1 also sent a mail to the O.Ps.Copy of letter dt.3.9.18 is Annexure-2.

The O.P No.1 & 2 did not respond to the letter of complainant no.1.On 22.7.2020 again the complainant no.1 sent a mail to the O.Ps to return Rs.75,450/- including interest @ 18% per annum and to return the post dated cheques.The complainant also sent letters and e.mail to refund the entire fees along with interest.Copy of letters are annexure-3,4 & 5 and e.mail is Annexure-6.

On receipt of the letters and e.mails from complainant no.1 & 2, the O.P. No.3 on 31.7.2020 sent a mail to O.P No.2 to do the needful as per the request of student.On receipt of the mail of the O.P No.3,the O.P.2 on the same day sent a mail to O.P.1 asking the complainants to bear with them as the concerned department is looking into the matter.Copy of the mail 31.7.2020 of O.P.2 & 3 are annexure-7 & 8.Till date the O.Ps have not returned the post dated cheques and Rs.75,480/- deposited by the complainants.

The complainant has prayed before this Forum to direct the O.Ps to refund the deposited amount ofRs.75,4350/- with interest @ 18% p.a. till the date of payment and further direct the O.Ps to pay compensation of Rs.4,00,000/- towards mental tension and harassment and Rs.20,000/- as litigation expenses to the complainant as per the schedule to this petition and return the post dated cheques as stated in complaint petition.

2. Though the O.Ps.1,2 & 4  have received notice but did not appear, so they were set exparte.  O.P No.3 was deleted on the request of the complainant.
3. We have heard from the learned counsel of the complainant and gone through the case record and documents and found that the complainant no.1 enrolled in the course of “One year Extended Class room Programme for JEE(Advanced),2019” on payment of entire course fee on assurance of the O.Ps.  Though the O.Ps assured to provide good faculties, systematic teaching to clarify the doubts and problems but on several requests of complainant no.1, O.Ps did not take steps to clarify his doubts and queries and the faculties also disclosed that their target was to complete the course/subject syllabus within the last week of November,2018 as the JEE Examination was scheduled to  be held in the month of January,2019.  The complainants brought the problems into the notice of the Centre head but it did not yield any result.  So the complainant through letters and e.mail requested the O.Ps to return the entire fees along with interest but the O.ps did not refund the same.  Since the O.Ps did not participate in the hearing, we conclude that they have nothing to say in their favour and we are constrained to believe the uncontroverted statement of the complainant.  We are of the considered view that the O.P No.1,2 & 4 have adopted unfair trade practice and the complainants have suffered from mental agony for which they are jointly and severally liable for the same.

       ORDER

The case of the complainant is allowed exparte against O.P No.1,2 & 4 and O.P No.1,2 & 4 are directed to refund the entire deposited amount of Rs.75,450/- along with 9% interest per annum till payment is made, return the post dated cheques and to pay Rs.1,00,000/- as compensation and Rs.20,000/- towards litigation cost to the complainant within a period of 45 days from the date of receipt of this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 19^th day of January,2021 under the seal and signature of this Commission.

                                                                   

Smt. Sarmistha Nath

Member(W)

 

 

Sri L.N.Das Choudhury

Member.