Chandigarh

DF-II

CC/152/2020

Mr. Sagar Parmar - Complainant(s)

Versus

Intellipaat Software Solutions Pvt. Ltd. Khykha Court - Opp.Party(s)

In Person

19 Jan 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

Consumer Complaint No.	:	152/2020
Date of Institution	:	02.03.2020
Date of Decision	:	19.01.2022

 

                                       

                       

 

Mr.Sagar Parmar s/o  Sh.Omkar Singh Parmar aged 27 r/o Room No.81, Hostel No.7, Panjab University, Chandigarh (UT)-160014.

                                ...  Complainant.

Versus

Intellipaat Software Solutions Pvt. Ltd., 4-A, Vasundhara Colony, Tonk Road, Jaipur-302018 (Rajasthan), India.

 

…. Opposite Party.

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA, SHRI B.M.SHARMA	MEMBER MEMBER
Argued by:-	None for the Complainant. OP exparte.

 

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainant are that  he was in search of a good instructor led online Training Institute, which could start the course as early as possible because he was having an urgency to learn skills.  He found the desired course on the website of the OP i.e. https://intellipaat.com. He had conversations with the sales executive Mr.Anshuman and he explained to him about the situation that he wanted to join the course only because the course was starting early and as the complainant was having test in his organization on 20.12.2019 so there was an urgent need for the said course and the duration of the course was 10 hours and the same was going to start on 08.12.2019 and every week, the complainant had two classes on weekends i.e. Saturday and Sunday  from 8: 00 PM to 11:00 PM and all the doubts and queries were to be resolved during that time period.  Mr.Anshuman told the complainant that every Friday, he would get a link for Saturday and Sunday Classes. It has further been averred that he was waiting for the link for sessions on 08.12.2019 but he did not get any form the respective company and therefore, he made a call to the support team/Mr.Anshuman for the link. However, he came to know that the batch was postponed to 14.12.2019 without any intimation. The complainant also explained his urgency to the support team and they ensured that the main topics was to be completed in the next weekend session. On 14^th December, 2019, he received the link after calling the support team and on 14^th and 15^th December, 2019, the session was of 6 hours and during which period only installation of the technology was taught which hardly took 1/1.5 hour to explain and to install. He made a complaint on the e-mail address but there was no response from the OP even after 48 hours though he had got the acknowledgement email from the OP of receiving the ticket.  Subsequently, he made call to the Inteelippat support on 19.12.2019 and the executive told him to wait for 10 minutes and he would arrange a call back but to no effect. Then, the complainant had conversations with Mohammed Farooq to whom he explained his urgency and asked either to refund the money as its complete breach of trust and a perfect example of doing unfair trade by making false commitment or provide a session.  Then Mohammed Farooq asked the complainant to email him the topic he wanted to learn and accordingly he sent the topic and Mohammed Farooq made a promise that he would arrange a class for him on 20.12.2019 at 12:00PM and the link of the session was to be sent to him by 1100 AM but nothing was done.  It has further been averred that they completely refused to provide a class as per Mohammed Farooq’s commitment.  It has further been averred that he asked the OP through e-mails to refund the deposited amount but to no effect. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.  
2.         Despite due service, the OP failed to put in appearance either in person or through any authorized representative and as a result thereof it was ordered to be proceeded against exparte vide order dated 14.10.2021.
3.         We have gone through the documents on record to dispose of the complaint.
4.         In his evidence, the complainant has tendered detailed affidavit in support of the averments made in the complaint alongwith the supporting documents as mentioned in the complaint.    Annexure C-1 is the Tax Invoice vide which the complainant had purchased the Kubernetes and Python Certification Training Course from the website of the OP by paying Rs.20,998.36P, commencing from 08.12.2019 and 21.12.2019 respectively. From the e-mails placed on record, it is established that the OP has not only postponed the batch/sessions of the complainant but they have also failed to provide the link to him on time. Besides this, the OP have also failed to impart the promised training to the complainant due to which he had to sought refund of his deposited money which the same has also not been refunded despite his repeated requests, which itself amounts to deficiency in service as well as unfair trade practice on the part of the OP.
5.         Pertinently, the OP did not appear to contest the case meaning thereby that either they admit the claim of the complainant or they have nothing to say in its defence.  It is, thus, established beyond all reasonable doubt that the complaint of the complainant is genuine.  Thus, finding a definite deficiency in service on the part of the OP, we have no other alternative, but to allow the present complaint.
6.         In view of the above discussion, the present complaint deserves to be allowed against the OP and the same is accordingly allowed. The OP is directed :-

[i]           to refund Rs.20,998.36 P to the complainant along with interest @ 9% p.a. from the date of its payment i.e. 05.12.2019 till its realization.

 [ii]         to pay Rs.5,500/- as compensation for mental agony & physical harassment to the complainant.

 [iii]        to pay Rs.5,000/- as costs of litigation.

7.         This order be complied with by the OP within 30 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(ii) shall also carry interest @ 9% per annum from the date of this order till its actual payment besides compliance of other directions.
8.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room

Announced 19/01/2022
	Sd/- (RAJAN DEWAN) PRESIDENT   Sd/-
	(PRITI MALHOTRA) MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER