Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.08.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the amount of Rs. 2,000/- ( Rs. Two Thousand only ) along with @ 18% per annum from 23.07.2012 till full and final.
- To direct the opposite parties to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 5,000/- ( Rs. Five Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that after gathering information from the site of www. Gateforum.com and in bonafide belief of the geneunity of the aforesaid information collected from the aforesaid site the complainant took admission in opposite parties institution after paying vide annexure – 1. The roll number of the complainant is 70115003 and he had started attending classes in e- gate live classes @ center.
It has been further asserted that at the time of admission the complainant was informed that the reference book shall be provided to students and the students will interact to faculty over the mike but unfortunately the aforesaid promises were not fulfilled because neither reference book was given nor arrangement for mike was made despite several request. Thereafter the complainant sent E – mail to Mr. Sandeep Kumar Kayal director gate forum educational service Pvt. Ltd. as will appear from annexure – 2 and 3.
The complainant has also stated that no ultimate internet solution is available at Patna center at around 2:15 P.M. due to stoppage of BSNL internet connection. The generator installed at Patna center is also not taking load compelling the students to use their mobile lights. This information was given by E – Mail as will appear from annexure – 4. When it was not possible for the complainant to study at Patna center then enrollment of complainant for e – gate live classes @ center has been converted into e – gate live classes @ home. Due to aforesaid fact the complainant requested the opposite parties to refund the amount of Rs. 3,000/- on account of the aforesaid conversion but despite assurance nothing happened and in this connection the complainant has requested several times to the opposite parties as will appear from annexure – 5, 6, 7 and 8 but only Rs. 1,000/- has been returned as will appear from annexure – 9.
From the record it appears that as the notice sent to opposite party no. 1 returned with the remark “refused” and the registered notice on opposite party no. 2 did not return for long time hence Tamila was declared Valid. Despite that this forum allowed several adjournmentsto the opposite parties but the opposite parties neither appear and nor filed written statement hence vide order dated 13.03.2014 this case was directed to be heard ex – parte.
As there is no counter version of the opposite parties of the facts asserted by the complainant on oath hence we have no option but accept the facts asserted by the complainant in his complaint petition which definitely disclose gross deficiency in service on the part of opposite parties.
We direct the opposite parties jointly and severally to refund the amount of Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay an interest @ 10% on the amount of Rs. 2,000/- ( Rs. Two Thousand only ) till it final payment.
We further direct the opposite parties jointly and severally to pay Rs. 2,000/- ( Rs. Two Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
