Delhi

North East

CC/451/2022

Aman - Complainant(s)

Versus

Fostima Buisness School - Opp.Party(s)

01 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 451/22

 

 

In the matter of:

 

	Sh. Aman S/o Sh. Naresh Kumar, R/o E 280 Guru Govind Gali, Chajjupur, Babarpur, Shahdara Delhi-110032	Complainant
	Versus
	The Director Academic Office Fostima Business School Plot No. Half 1, Pocket 2, Sector 9, Dwarka New Delhi-110077	Opposite Party

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON: DATE OF ORDER:

20.12.22 30.11.23 01.02.24

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

 

 

Case of the Complainant

1.  The case of the Complainant is that he had applied for PGDM degree on 05.02.20 in Opposite Party school. On 05.02.20 the Complainant had deposited Rs. 50,000/- in cash for admission in Opposite Party school and Opposite Party had issued fee receipt bearing no. 6120. The admission offer dated 20.02.20 in which admission fees on or before 08.01.20 so how the Opposite Party received Rs. 50,000/- from Complainant. The Opposite Party had accepted the fees from Complainant  after 08.01.20 and Opposite Party told him that they will help him in getting education loan if he cancel the admission and Opposite Party will deduct Rs. 1000/- from the amount he paid and refund rest of the amount. Then the Complainant had applied in various banks for education loan but he did not get the approval thereafter the Opposite Party issued a letter to approve the loan. The Complainant informed Opposite Party to cancel his admission due to high rate of interest and Opposite Party told him that they will approve the loan @ 14 % p.a. so Complainant refuse to accept the loan at such high rate of interest. On 30.06.20 the Complainant informed official of Opposite Party namely Ms. Sakshi to cancel his admission, Ms. Sakshi sent whatsapp message to Complainant to contact Mr. Dhiren Tiwari to cancel the admission and the Complainant called him many times regarding refund of his fees but official of Opposite Party did not took his call. On 17.08.20 the Complainant again contacted the official of Opposite Party via email regarding refund. The Complainant stated that he visited the office of Opposite Party on 25.08.20 for refund of his fees but the official of Opposite Party present there at that time told him that the last date of refund was 17.08.20. The Complainant also sent legal notices to Opposite Party on 25.09.20, 16.06.21 and also on 19.02.22 through speed post but the Opposite Party did not give any reply. The officials of Opposite Party never informed the Complainant about the last date or refund of fees and also the Opposite Party did not refunded his fees. Hence, this shows deficiency on the part of Opposite Party. The Complainant has prayed to give the fees of Rs. 50,000/- along with 18 % interest p.a. from February to December 2022 and for Rs. 1,00,000/- for mental harassment. He has also prayed for Rs. 2,01,000/- for litigation expenses.
2. None has appeared on behalf of Opposite Party to contest the case. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 20.03.23.

Ex-Parte Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments and Conclusion

4. We have heard the Complainant in person. We have also perused the file and written arguments filed by the Complainant.  The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above, the complaint is allowed. The Opposite Party is directed  to refund the amount of Rs. 50,000/- to the Complainant with interest @ 9 % p.a. from the date of filing the complaint till recovery. The Opposite Party is further directed to pay Rs. 10,000/- for mental harassment and Rs. 10,000/- towards litigation expenses to the Complainant along with interest @ 9 % p.a. from the date of this order till recovery.
6. Order announced on 01.02.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President