Chandigarh

DF-I

CC/884/2022

LOVELEEN D/O SURINDER KUMAR - Complainant(s)

Versus

FRANKFINN INSTITUTE OF AIR HOSTESS TRAINING THROUGH ITS GENERAL MANAGER/DIRECTOR/AUTHORIZED SIGNATOR - Opp.Party(s)

NEHA AHLUWALIA

30 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/884/2022
Date of Institution	:	20/10/2022
Date of Decision	:	30/11/2023

 

Loveleen, D/o Surinder Kumar, aged 20 years, R/o House No.237, Village Palsora, Sector 55, U.T., Chandigarh.

… Complainant

V E R S U S

1. Frankfinn Institute of Air Hostess Training, SCO 118-120, First Floor, Sector 34-A, Chandigarh-160022, through its General Manager/Director/Authorized Signatory.
2. Mr.Anshul Gauba, Director, Frankfinn Aviation Services Pvt. Ltd., Best Building ‘a’ Wing 5^th Floor, S.v. Road Opposite Andheri Railway Station Andheri W, Mumbai, Maharashtra,-400058, India.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Ms.Neha Ahluwalia, Advocate for Complainant alongwith complainant in person.
	:	Sh.Amandeep Singh Bhullar, Advocate for OPs alongwith Sh.Kuldeep Singh, GM Taxation & Secretary of OPs.

 

Per Surjeet kaur, Member

1.      Averments are that the OP is an Educational/Training Institute and running its business for training in Aviation and Hospitality. The complainant joined Frankfinn institute of OP on 13.01.2022. The complainant paid Rs.73,000/- to the OPs vide Annexure C-4, C-5 and C-7). The complainant was attending her aviation course classes. Thereafter, the complainant was forced to change her course and do some other course than the aviation. The fees, uniform, books all were paid for and provided for the aviation course but later they changed the settings in their computer system and changed her aviation course to some other course, which she never even opted for. The complainant made various calls and emails were sent to the OP citing her problem and for a refund of her course fee, but no satisfactory response was given to her (Annexure C-8). The cause of action first started when the complainant was forbidden from attending the aviation classes citing her height issue, then when she was forced to join another course and return all her aviation books and thirdly when she was refused the refund of her aviation course. Hence, is the present consumer complaint.
2.     OPs contested the consumer complaint, filed their reply and stated that the student agreement sent by them to the complainant, clearly mentions that she had taken admission in the hospitality course and not in the aviation course as alleged in the complaint. The complainant was not given any assurances to take admission in the aviation and paid the fee for the hospitality and travel management course. The complainant has devised a false and baseless story to make a case for extorting money from the OP. It is further stated that the complainant had been issued fee receipts for each payment of fees she deposited. All these documents stipulate alongwth the fee receipts issued that:

1. “The fee (part/full) once paid shall not be refunded under any circumstances.
2. There is no placement guarantee”.

         In view of the above clauses, it is submitted that the complainant is not entitled to any refund of fees and/or compensation as is alleged in the complaint. Denying all other allegations made in the complaint a prayer for dismissal of the complaint has been made.

3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case.
6.     The sole grouse of the complainant through present complaint is that despite payment of full fee, OPs due to their bad intention illegally did not allow her to continue with course of air hostess knowingfully that she has already finished few module of the assigned course. As per complainant the OPs told her in the month of August only that she was given admission in Hospitality, travel and customer service course (FCHTCS) and not in the aviation course. Hence, the complainant is alleging deficiency in service on the part of OPs.
7.     The stand taken by the OPs is that fee paid by the complainant is for hospitality, travel & customer service course and not for the aviation course. During the pendency of the case through their written statement OPs have taken a stand that complainant is short of height and even if now she is willing to opt the aviation course, then she would have to gives an undertaking qua her ineligibility for aviation and pay the difference in fee of the said course.
8.     After going through the documents on record, it is abundantly clear that after receiving the fee from the complainant the OPs issued two receipts one of Rs.10,000/- and other of Rs.13,300/- on the same date i.e., 13.01.2022. But no mention over these receipts that for what purpose the amount has been paid and in which course the child has been given admission. The complainant paid remaining fee to the tune of Rs.49,700/- on 16.03.2022 to the OPs as per Annexure C-7. Various emails of the complainant are annexed as Annexure C-8 requesting the OPs to allow her to continue with aviation course failing which she requested for refund of fee.
9.     As per OPs the complainant got admission in hospitality course and not the aviation and therefore, fee was charged for the hospitality course and not the aviation one.
10.     Perusal of an Annexure-A dated 22.01.2022 annexed at page 23 of written statement of OPs reads as under:-

“Dear Loveleen Kaur,

Congratulations.

You are now at Frankfinn the World’s No.1 air hostess training institute. (Subject to verification of your documents submitted or to be submitted).

You have made the right choice to join Frankfinn, where you will be trained to get the skills required to become eligible for the exciting and rewarding careers in Aviation, Hospitality, Travel and Customer service industries. Our experienced faculty shall train you so that with your learning, hard work and preparation you can very confidently face the interviews to get into thee much sought after industries.

We thank you for registering online. Please find attached in this mail the following documents which you must read and keep for your reference.

1. A copy of the receipt of the payment made by you.
2. The agreement accepted by you/your Guardian.
3. Copy of the Frankfinn prospectus.

Your Registration Number is:FIAT/CHD/21-22/296”.

         But on the other hand, the OPs got the signatures of the complainant done on form of course in Hospitality, Travel & Customer Service Course (FCHTCS).

         Meaning thereby till 22.01.2022, the OPs were themselves not sure of the type of course assigned to the complainant. This itself is deficiency in service and unethical business practice by OPs of taking advantage of misleading advertisement.

11.     Admittedly the complainant attended few modules till the month of August and thereafter discontinued with her classes. During the proceedings of the present case, it was adjourned twice for the settlement and OPs were ready to pay the remaining fee. Hence, OPs are directed accordingly. 
12.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. To refund lumpsum amount of ₹30,000/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint onwards.
2. to pay an amount of ₹20,000/- to the complainant as compensation for causing mental agony and harassment to her.
3. to pay ₹10,000/- to the complainant as costs of litigation.
4. To immediately discontinue the practice of giving provisional slips without mention of course offered to their students now onwards.
5. To issue proper fee receipt alongwith the mention of type of course over it in future.

13.     This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii), (iv) & (v) above.
14.     Pending miscellaneous application, if any, also stands disposed of.
15.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
30/11/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member