Delhi

South Delhi

CC/336/2016

RUPALI CHOPRA - Complainant(s)

Versus

LIVEWIRES THE MEDIA INSTITUTE - Opp.Party(s)

06 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi- 110016

 

Case No. 336/2016

Ms. Rupali Chopra

A-142, Third Floor, Neeti Bagh,

New Delhi-110049

….Complainant

 

Versus

 

1. Livewires-The Media Institute

3^rd Floor, E-5,

South Extension-2 Market,

Near Woodland Showroom

Delhi

 

2. Mr. Gopaal Malhotra

Managing Director,

Livewires-The Media Institute

3^rd Floor, E-5,

South Extension-2 Market,

Near Woodland Showroom

Delhi

        ….Opposite Party

    

 Date of Institution    :  18.10.2016     

 Date of Order            : 06.02.2023      

 

Coram:

Ms. Monika A Srivastava, President

Ms. Kiran Kaushal, Member

Sh. U.K. Tyagi, Member

 

ORDER

 

 

President: Ms. Monika A Srivastava

 

The complainant has filed the present complaint seeking Rs.1,74,000/- alongwith interest at 18% p.a from the date of payment till realisation and costs thereof.

 

1. It is the case of the complainant that she had sought admission for her 14 year old son in the course sound engineering in the institute of OP for understanding the technical aspects of sound and music for the batch of 2015-2016. It is stated by the complainant that as represented by OP 1, the sound engineering course included many things as enumerated in the complaint.

 

2. It is further stated that OP 1 provided the complainant a complete curriculum structure of the course to be run for a minimum period of 10-11 months i.e from July 2015 till April-May 2016 for sound engineering that included music production course and DJ course. It is stated that as per the curriculum structure and as promised by OP1 the classes for the son of the complainant were fixed for every Saturday and Sunday of the month for a duration of 2 hours (5:00 PM to 7:00 PM) or evening timing as best suited to the son of the complainant. It is stated that on this calculation the OPs were to provide a minimum of 160 hours of teaching/classes during 10-11 months for the course enrolled.

 

3. It is stated by the complainant that the OPs had promised regular coaching from experienced faculty in top class infrastructure but to the shock of the complainant OP stopped conducting regular classes after few months especially after December 2015 once the complainant made the full payment towards the course of Rs. 1,74,000/-. The details of the payment made by the complainant to the OP are enumerated in the complaint.

 

4. It is stated by the complainant that the OPs conducted classes only till mid-December 2015 and did not complete the course by May 2016 as promised. It is stated that not only the OP 1 stopped conducting classes but did not even respond to the complainant’s emails and phone messages sent to the representatives of OP 1. It is stated by the complainant that she had a harassing experience juggling between the manager and teachers of the OP institute as they continued to change every few weeks and no one cared to conduct or even make up for the pending classes.

 

5. It is the case of the complainant that she has been cheated and played fraud upon by the OPs as the son of the complainant has only attended a few classes and thereafter since 10 months no class has been conducted by the OP.

 

6. It is stated by the complainant that on 08.08.2016 the complainant sent an email to the OP and a legal notice dated 16.08.2016conveying that they have been conducting erratic classes for the said course and that the management and the teachers responsible to teach the son of the complainant kept changing every few weeks which in turn has hampered his learning and she demanded refund of the fees paid.

 

7. It is further stated by the complainant that the OP responded to the sent legal notice along with the concocted message that that they had organised a class on 15.08.2016 and that her son did not turnup for the same. It was clarified by the complainant that mutually agreed weekend class schedule is required to be drawn which would only start after her son's examinations in school would be over.

 

OPs were proceeded exparte vide order dated 31.07.2017. The complainant has filed her exparte evidence as well as written submissions. Arguments have been heard. Despite opportunity, OPs have not put forward their defence. This Commission has gone through the reply of the OP to the legal notice sent by the complainant. The OP has only spoken about one class, if at all, being scheduled for the son of the complainant and has not provided any defence for not conducting the classes.  We have gone through the emails filed by the complainant written by her to the OP and her reply dated 17.08.2016 to the email reply of the OP to her legal notice. Therefore, this Commission is of the view that the OP has been deficient in providing services promised to the complainant and which have been duly paid for the complainant.

We direct the OP to refund pro rata sum of Rs. 1,00,000/- to the complainant along with interest at the rate of 7% per annum from the date of deposit till realisation within 2 months from the receipt of order failing which this money shall be payable with interest at the rate of 9% p.a. The OP is also liable to pay a sum of Rs. 10,000/- as compensation for mental agony.

 

Parties to be provided copy of order as per rules. File be consigned to the record room. Order be uploaded on the website.