BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.      
Consumer Complaint no. 252 of 2023. Date of Institution :    13.06.2023.
Date of Decision :    10.12.2024.
Mrs. Varsha wife of Shri Sumit son of Shri Ved Parkash and daughter of Shri Gopi Ram, resident of Hanuman Colony, Adampur, Tehsil Adampur, District Hisar, now residing at Sirsa, District Sirsa. 
                      ……Complainant.
Versus
1. International Cosmetology School, Street Shree Bikaner Sweets, Barnala Road, Sirsa, Tehsil & District Sirsa through its Proprietor/ Partner/ Sign Manager/ Authorized Signatory Shri Gurinder Singh. 
2. Mr. Gurinder Singh, Proprietor/ Partner/ Sign Manager/ Authorized Signatory of International Cosmetology School, Street Shree Bikaner Sweets, Barnala Road, Sirsa, Tehsil and District Sirsa. 
...…Opposite parties.
            Complaint under Section 35 of the Consumer Protection Act, 2019.
 
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT MRS.SUKHDEEP KAUR……………………….MEMBER.
SH. OM PARKASH TUTEJA …………………MEMBER
Present: Sh. D.K. Monga, Advocate for complainant.
Opposite parties already exparte.  
ORDER
In brief, the case of complainant is that opposite parties (hereinafter referred as OPs) are maintaining International Cosmetology School at Barnala Road, Sirsa for providing training of Hair, Skik, Makeup, Nail, Nutrition etc. to the students. The complainant contacted the ops for getting admission in the school and also for getting training under ops’ school. The ops told her that they will provide course for the above said purpose under Course name PGDC for a period of 18 months and ops assured the complainant to provide proper training for hair, skin, makeup, nail and to this effect a chart was issued by ops to the complainant. It is further averred that as per the assurances of the ops, the complainant paid a sum of Rs.5000/- on 11.07.2022, Rs.75,000/- on 13.07.2022, Rs.100/- on 18.07.2022, Rs.10,000/- on 06.08.2022, Rs.27,500/- on 05.09.2022, Rs.3000/- on 04.01.2022, Rs.2000/- on 01.06.2022, Rs.30,000/- on 01.01.2022, Rs.7500/- on 18.07.2022, Rs.100/- on 18.07.2022, Rs.27,900/- on 05.09.2022, Rs.23,000/- on 07.10.2022, Rs.100/- on 27.07.2022 and Rs.10,000/- on 08.08.2022 (total Rs.1,46,200) to the ops and in lieu of above said deposited amounts, the ops have issued receipts in favour of complainant. It is further averred that in spite of receiving the above said huge amount from the complainant, the ops have not started any course despite her repeated requests and demands and they have been postponing the matter with one pretext or the other. That for the last more than one year, the ops have been harassing and humiliating the complainant by lingering on the matter with one pretext or the others and now ops have refused to provide any training or course to the complainant without any rhyme or reason and in such situation, the complainant approached and requested the ops to make refund of above said amount but ops also refused to make refund of any amount to the complainant. It is further averred that complainant has visited the ops on many occasions but no one attended her in proper manner rather misbehaved with her and threatened her that if again she visits in their school, she will face serious results. The act and conduct of ops comes under the ambit of deficiency in service as well as unfair trade practice due to which she is suffering recurring financial losses till today and also suffering serious harassment etc. The complainant also got served a legal notice to the ops on 10.03.2023 but all in vain and ops have finally refused to admit her claim. Hence, this complaint seeking direction to the ops to make refund of the amount of Rs.1,46,200/- alongwith interest at the rate of @18% per annum from due date till actual realization and also to pay a sum of Rs.2,00,000/- as compensation for harassment besides litigation expenses. 
2.      Notice of the complaint was issued to the ops but despite service of notice by op no.2 proprietor of op no.1, none appeared on their behalf and as such ops were proceeded against exparte. 
3.      The complainant in evidence has tendered her affidavit Ex. CW1/A and documents Ex.C1 to Ex.C7. 
4.      We have heard learned counsel for complainant and have gone through the case file.
5.      The complainant in order to prove her complaint has furnished her affidavit Ex. CW1/A in which she has reiterated all the contents of complaint. She has also placed on file syllabus/ chart of the course of Beautician as Ex.C1 from which it is evident that ops are providing training/ skill of Haircutting, styling, shampoo conditioning, Beauty, Makeup and Nail etc. to the students and they have to provide said course/ training to the complainant also against consideration. Although complainant has claimed that she deposited total amount of Rs.1,46,200/- with the ops for the said course but complainant has only placed on file four receipts of the amount of Rs.5000/- dated 11.07.2022, amount of Rs.7500/- dated 13.07.2022, amount of Rs.10,000/- dated 06.08.2022 and amount of Rs.27,500/- dated 05.09.2022 as Ex.C2 to Ex.C5. According to complainant, ops have failed to provide said course/ training of Beautician to the complainant and also failed to return her amount. The ops despite service of notice failed to appear before this Commission and opted to be proceeded against exparte. So, there is nothing on file to prove the fact that even said course was started by complainant in the school of ops or that ops have provided any classes for the said course to the complainant. The above said evidence of complainant goes as unrebutted and unchallenged. In these circumstances, complainant is entitled to refund of the amount of Rs.50,000/- (deposited vide above said receipts Ex.C2 to Ex.C5) alongwith interest besides compensation for harassment etc. 
6.        In view of our above discussion, we partly allow the present complaint and direct the opposite parties to make refund of the amount of Rs.50,000/- of the complainant alongwith interest at the rate of @6% per annum from the date of filing of present complaint i.e. 13.06.2023 till actual realization within a period of 45 days from the date of receipt of copy of this order. We also direct the ops to further pay a sum of Rs.10,000/- as compensation for harassment and Rs.5000/- as litigation expenses to the complainant within above said stipulated period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.    
Announced. Member Member President
Dt. 10.12.2024. District Consumer Disputes Redressal Commission, Sirsa.