Punjab

Sangrur

CC/639/2016

Gaganpreet Singh - Complainant(s)

Versus

IDP Education India Limited - Opp.Party(s)

Shri Ritesh Jindal

02 Jan 2017

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 639                                                                                        

                                                                   Instituted on:  02.11.2016

                                                                   Decided on:    02.01.2017

 

Gaganpreet Singh Bedi son of Taranjeet Singh resident of Ward No.5, Khai Basti, Lehragaga, District Sangrur.  

                                                …. Complainant.      

                                         

Versus

 

IDP Education India Private Limited, 6th Floor, Plot No.32, Global Business Square, Sector -44, Gurgaon-122003 through its Managing Director/ Authorized Signatory.

      ….Opposite party.

 

 

FOR THE COMPLAINANT:    Shri Ritesh Jindal,  Advocate                          

 

FOR THE OPP. PARTY      :     Exparte                   

 

 

Quorum

         

                    Sukhpal Singh Gill, President

Sarita Garg, Member

Vinod Kumar Gulati, Member

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Gaganpreet Singh Bedi complainant has preferred the present complaint against the opposite party (referred to as OP in short) on the ground On 04.07.2016 he had registered his name with the OP for IELTS test and deposited requisite fees i.e. Rs.11450/-  with OP through online by using  his Citi Bank Debit card of which acknowledgement letter dated 09.07.2016 was issued by the OP. On 14.07.2016 the complainant reached on time at venue  i.e. Ludhiana.  The OP has allotted seat number 1449 to the complainant. After written test OP has allotted candidate number to the complainant which is proof that the complainant has done his written test successfully and eligible for speaking test held on 18.07.2016.  The OP has also recorded the voice of the complainant during speaking test. The OP told the complainant that the result will be announced on 27.07.2016.  On 27.07.2016 the complainant has received on email from the OP wherein it was mentioned that the result of the complainant has been postponed due to some investigation purpose. The complainant visited the office of the OP number o times  and requested to release the result but the OP put off the matter on one pretext or the other and in the last the OP has sent a letter dated 5.9.2016  and told that result  of the complainant has been withhold permanently. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to release the result of the complainant or in alternative to refund the fee of the test i.e. Rs.11450/- along with interest @18% per annum from the date of deposit till realization,

ii)     OPs be directed to pay Rs.50,000/- spent on coaching and preparation of test and Rs.25000/- on account of deficiency in service  and unfair trade practice,

iii)    OPs be directed to pay to the complainant a sum of Rs.11000/- as compensation   on account of mental agony, harassment,

vi)     OPs be directed to pay Rs.10,000/- on account of litigation expenses.

2.             Notices was issued to the OP but despite service the OP did not appear and as such the OP was proceeded exparte.

3.             In his exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-21 and closed evidence.

5.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant has produced on record  copies of  e-mails received  from the OPs  and from the perusal of the e-mails, it is clear that the complainant had appeared in the IELTS test conducted by the OP company.

6.             The main point of controversy in the case  before us is that the OP has not declared the result of the IELTS test of the complainant till today without assigning any reason to  the complainant. The OP's stand in this regard which is taken in the  emails received by the complainant is that "strict quality control procedures are in place to protect  the integrity and security  of the IELTs test. As  a result if these  procedures, your test result of the 14th July 2016 came under Scrutiny and  has been investigated. The investigation has determined that you breached IELTS test rules and regulations and a decision has been made to withhold this result permanently".  We have thoroughly perused the email received from the OP and produced on record by the complainant and find that  the OP did not explain any reason for which they had not declared the result of the complainant rather they only stated that after investigation they found that you ( complainant)  breached IELTS test rules  and regulations. Moreover, the OP further has not explained in what manner and how the complainant breached the IELTs test rules and regulations.  The OP has not comefoward to  contest the case of the complainant rather it chosen to remain exparte. As such, the evidence produced by the complainant has gone unrebutted on record. 

7.             In view of the facts stated above, we allow the present complaint of the complainant and direct the OP to explain/ convey the reasons for not declaring the result of IELTS of the complainant to him within 20 days from the receipt of copy of this order failing which the OP will be liable to declare the result of the complainant. However, the complainant is at liberty to approach the Forum if  he is not satisfied with the reasons disclosed by the OPs for not declaring the result of the complainant. We further order the OP to pay to the complainant an amount of Rs.2000/-  on account of litigation expenses.

8.             This order of ours shall be complied within 30 days as per abovementioned order. Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                 

                Announced

                January 2, 2017

 

 

( Vinod Kumar Gulati)  ( Sarita Garg)               (Sukhpal Singh Gill)                                                                                       Member                   Member                         President

 

 

 

 

 

BBS/-