Punjab

Fatehgarh Sahib

CC/58/2021

Navjot Singh - Complainant(s)

Versus

Mahendra Educational Pvt. Ltd - Opp.Party(s)

Sh. Runish Dhiman

17 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.                                                               

Complaint No. 58 of 2021

                                                                   Date of Institution: 11.05.2021

                                                                   Date of Decision:    17.08.2022

 

Navjot Singh S/o Late S. Davinder Singh R/o #437, Sector-3A, Main Bazar, Mandi  Gobindgarh, Tehsil Amloh, Distt. Fatehgarh Sahib.

      …………....Complainant(s)

                                                Versus

1.  Mahendra Educational Pvt. Ltd. Head Office Mahendra Arcade, CP-9, Vijayant Khand, Gomti Nagar, Faizabad Road, Lucknow, (UP) through its incharge and responsible person/Chairman Naveen Kumar Jain.

..………........Opposite Party(s)

Complaint under Section 12 of Consumer Protection Act 1986

Quorum

Sh. Pushvinder Singh, President

Ms Shivani Bhargava, Member

 

 

Present:Sh.B.B.Sharma, Counsel for Complainant.

              OP Ex parte

 

Order By

Pushvinder Singh, President

 

1.                  The present complaint has been filed by the complainant(hereinafter referred to as ‘CC’) against the opposite party (hereinafter referred to as “OP”) with a prayer to direct the OP to pay a sum of Rs.50,000/- @ towards compensation for misleading, unfair trade practice and deficiency in service, lack of service, mental agony along with interest @18% per annum besides costs of litigation Rs.11,000/-.
2.                CC alleged that he got enrolled with the OP and got deposited Rs 4,850/- as consideration to hire their services for coaching to appear in examination for Government Services at their Patiala branch and in this regard OP also issued ID Card. The coaching was to be commenced w.e.f 24^th July 2019 to 22^nd January 2020. The entire course module/syllabus of CC was to be completed till 22^nd January 2020. But OP stopped imparting coaching to the students including CC in December 2019 without any intimation and without completing the entire course module/syllabus. CC requested OP to complete the course but OP totally refused the request of the CC. A legal notice was also issued to the OP.
3.                    Notice was given to the OP but OP did not turn up and proceeded against Ex parte.
4.                  The CC in his evidence has furnished his affidavit in support of the complaint and reiterating the facts contained in the complaint as Ex.C-1/A and he has also produced the copy of fee slip as Ex.C-1, copy of ID Card issued by OP as Ex.C-2. In identity card the date of start of batch is 24.07.2019 and was till 22.01.2020. CC also proved copy of legal notice as Ex.C-3, copy of postal receipts as Ex.C-4, copy of reply to the legal notice as Ex.C-5.
5.             We have heard the counsel for the party and gone through the file carefully.
6.                The OP has not come forward to contest the present complaint but from perusal of reply of notice as Ex.C-5 we find that it has been admitted by the OP that the CC was enrolled for the batch which was commencing from 24.07.2019 to 22.01.2020. But it has been stated by the OP that the OP scheduled regular classes of four hours instead of two hours so that the entire course module/syllabus is completed. But we find that the OP did not come to contest this complaint and to deny the claim made by the CC and no documents has been produced on behalf of the OP that the course was completed by scheduling regular classes of four hours instead of 2 hours. So, we find that the OP should return the fees of Rs.4850/- paid by CC. The CC has further claimed Rs.50,000/- as special compensation but the CC has failed to prove any special loss for special compensation, however, he must have suffered mental agony for which he should be compensated and we are of the considered opinion that the OP should pay a sum of Rs.5000/- to the CC as compensation and also Rs.5000/- as litigation expense.
7.                      In view of our aforementioned discussion the complaint is allowed partly ex parte and the OP is directed to pay a sum of Rs.4850/- which was paid as fees to OP and OP is also directed to pay a sum of Rs.5000/- towards compensation for mental agony and Rs.5000/- towards litigation expenses. Compliance of this order be made within a period of 45 days on receipt of certified copy of this order. Copy of this order be sent to the CC and the OP as per rules. File be indexed and consigned to record room.

Announced:

17.08.2022

                                                                           

 (Pushvinder Singh)

                                                                              President

 

 

 

(Shivani Bhargava)

                                                                              Member