DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

Complaint Case No : CC/127/2023

Date of Institution   : 16.10.2023

Date of Decision    : 24.01.2024

Harsimran Kaur aged about 23 years daughter of Sh. Harpreetpal Singh, resident of Maana Street, Bhadaur, Tehsil Tapa, District Barnala. (98150-73612).        

                          …Complainant Versus

Maluka IAS Coaching Centre, 16-B, Bada Bazar Road, Near HDFC Bank, Block-B, Old Rajinder Nagar, New Delhi-110060, through its Authorized Signatory. (99101-33084).

                         …Opposite Party

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. Gurpreetpal Singh counsel for complainant.

Opposite party exparte.

Quorum:-

1. Sh. Jot Naranjan Singh Gill : President

2.Smt. Urmila Kumari : Member

3.Sh. Navdeep Kumar Garg : Member

 

ORDER BY JOT NARANJAN SINGH GILL, PRESIDENT:

The complainant namely Harsimran Kaur has filed the present complaint under Section 35 of the Consumer Protection Act 2019, (amended upto date) against Maluka IAS Coaching Centre, through its Authorized Signatory (hereinafter referred as opposite party).  

2. The facts leading to the present complaint are that the complainant was taking the coaching for Civil Services Examination 2023 from the opposite party and during the continuation of the said coaching, the complainant also availed Online PSIR (Political Science & International Relations) 500 Mains Crash Course as Optional Subject in English Language for Civil Services Examination 2023. It is further alleged that the said course was for 52 days in the form of “500 Question and Answer Series” as per the schedule published by the opposite party and the said course was to be commenced on 10.6.2023, but the same was started later on by the opposite party on 21.6.2023. The complainant already paid the the amount of Rs. 10,000/- to the opposite party at its asking as advance fee for the above said crash course as optional subject by way of depositing the said amount in the account of one Gurpreet Singh, Manager of opposite party at Chandigarh Branch, by way of PAYTM on 2.1.2023. But the complainant was removed by opposite party from the Online Batch of above said course in the first week of July 2023 and on 12.7.2023 the opposite party again asked the complainant to pay the amount of Rs. 5,900/- as more fee for the said course. The complainant after relying upon the said representation of opposite party paid the the said fee of Rs. 5,900/- on 12.7.2023 vide receipt No. 3915. Thereafter, the complainant was again added in the Online Batch for the said course. During the classes of said course the Sectional Test Papers were not conducted by the opposite party and even classes of many days like Day 23 & Day 24, Day 27 to Day 30 and Day 42 to Day 45 and Day 47 & Day 52 were not conducted which is evident from the fact that notes for those days, to be sent to the complainant by the opposite party in PDF files are missing. Previously, the classes were conducted by the opposite party upto 26.7.2023 and thereafter the same were resumed by the opposite party on 26.8.2023. Meanwhile, no class was conducted by the opposite party despite various requests made by the complainant rather the opposite party put the matter off on the pretext that Classroom allotment is not available and reconstruction is going on and sought time to resume the classes. It is further alleged that the complainant requested the opposite party to upload the Day wise answer on its App till the above said construction is going on, but to no effect and till 1.9.2023 the class upto Day 35 was conducted. In this way only 28 classes have been conducted by the opposite party till 1.9.2023 and thereafter no class was conducted despite repeated requests made to the opposite party by the complainant by way of Whatsapp and Telegram App and now the classes for Day 23 & Day 24, Day 27 to Day 30 and Day 42 to Day 45 and Day 47 & Day 52 are pending and no class is going on despite repeated requests made by the complainant and even Day wise answers have not been uploaded by the opposite party on its App., due to which the syllabus is not completed even after the course completion date has been passed. Even the opposite party never attended the phone calls of complainant. Thus, there is deficiency in service and unfair trade practice on the part of opposite party. Hence, the present complaint is filed for seeking the following reliefs.- 

The opposite party may kindly be directed to pay an amount of Rs. 1,00,000/- as compensation to the complainant for physical pain, mental agony, inconvenience and financial loss suffered by the complainant including the loss of her education and pay Rs. 20,000/- as litigation expenses.  

3. Notice was sent to the opposite party, but opposite party failed to appear and was proceeded against exparte vide order dated 1.12.2023. 

4. In exparte evidence the complainant tendered into evidence her own affidavit Ex.C-1, copy of receipt Ex.C-2, copy of Webpage of OP Ex.C-3, copy of PSIR 500 Mains Crash Course Schedule Ex.C-4, copies of Day wise question answers in PDF files Ex.C-5 to Ex.C-7, copy of online live classes Ex.C-8 to Ex.C-13, copy of screen shot of chatting of complainant with OP Ex.C-14 to Ex.C-21, copy of Call History Ex.C-22, copies of screen shop of payment transaction Ex.C-23 & Ex.C-24, copy of adhaar card Ex.C-25 and closed the evidence.          

5. We have heard the Ld. Counsel for the complainant and have gone through the record. Written arguments filed by the complainant. 

6. In order to prove her case, the complainant has placed on record her detailed affidavit Ex.C-1 vide which the complainant reiterated the averments as mentioned in the complaint. The complainant has further placed on record copy of receipt dated 12.7.2023 Ex.C-2, which shows that the complainant has paid the amount of Rs. 5,900/- to the opposite party for PSIR 500 Series English. She has also placed on record copy of Webpage of opposite party Ex.C-3, which shows the batch start date 2023/6/9. It further shows the discussion of class at 6pm with Kishan Siddhanth and Tomorrow discussion class at 4pm. The complainant further placed on record copy of PSIR 500 Mains Crash Course Schedule Ex.C-4, which shows the Daywise classes (discussion) from June 10 to August 31. Complainant also placed on record copies of Daywise question answers in PDF files Ex.C-5 to Ex.C-7, which shows that classes of many days like Day 23 & 24, Day 27 to 30 and Day 42 to 45 and Day 47 & 52 were not conducted and notes of these days in PDF files are missing. Further, the complainant placed on record copy of online live classes Ex.C-8 to Ex.C-13, from which it shows that the complainant has attended the online classes Daywise of PSIR OPTIONAL (ENG) 500 SERIES 2023 on different dates and only 28 classes were conducted by opposite party. Complainant has also placed on record copies of screen shots of chatting of complainant with opposite party Ex.C-14 to Ex.C-21, which shows the different chatting of complainant with the opposite party in which the complainant asked from the opposite party that “class kio nhi lag rahi and on this the opposite party replied that classroom allotment not available, reconstruction going on and opposite party sought time to sort out the same”. In another chatting it shows that the complainant made request to the opposite party for uploading the answers. Further, from Ex.C-14 to Ex.C-21 it is established that the complainant was continuously chatting with the opposite party on different dates about the schedule or timing of classes and even asking for not conducting the classes and the opposite party replied the complainant every time. Moreover, in the Ex.C-21 it is mention that “I express with great disappointment that the classes are not going on from more than a month and in between 2-3 classes are taken by the respective teacher, but the syllabus is not completed even after the course completion date has passed. So, it is humble request please complete the syllabus as soon as possible or refund my fee 5900/-”. Ex.C-22 is the copy of call history, from which it shows that the complainant made calls to the opposite party on different dates and on different times on Mobile No. +917042355560. Further, Ex.C-23 & Ex.C-24 are the copies of screen shots of payment transaction, from which it shows that the transaction successful of Rs. 10,000/- at 07.20PM on 2 Jan 2023 and Ex.C-25 is the copy of Adhaar Card of complainant.  

7. It is further the case of the complainant that she made repeated requests to the opposite party to conduct the classes of above said remaining days which were not conducted by the opposite party (i.e. Day 23 & Day 24, Day 27 to Day 30 and Day 42 to Day 45 and Day 47 & Day 52) and complete the course/syllabus as per the schedule of above said course which was agreed between the parties or to refund the fee of Rs. 5,900/- as per Ex.C-21. On the other hand, as no one has come forwarded from the side of the opposite party to contest the allegations of the complainant, which are otherwise appears to be genuine and supported by various documents, in that event, we have no alternative except to believe the contents of the complaint, which are un-rebutted. As such, we find it to be clear cut case of deficiency in service on the part of opposite party.   Ld. Counsel for the complainant has relied upon the judgment of the Hon'ble National Consumer Disputes Redressal Commission, New Delhi, in Revision Petition No. 2006 of 2019 in case titled Principal, L.D.R.P. Institute of Technology and Research Sector 15, Gandinagar, Gujarat Versus Apoorv Sharma S/o Lokesh Sharma, D-801, Scarlet Heights, Opp. Rahul Tower, Anandnagar, Ahmadabad, Gujarat, Dated 11 Oct 2022, vide which the Hon'ble National Consumer Commission held that any defect or deficiency or unfair trade practice pertaining to a service provider like 'Coaching Centres' does fall within the jurisdiction of the Consumer Fora. 

8. As a result of the above discussion, the present complaint is partly allowed against the opposite party and the opposite party is directed to pay Rs. 11,000/- as consolidated amount of compensation for physical pain, mental agony, inconvenience and financial loss including the loss of education as well as litigation expenses to the complainant.  

9. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order.

10. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

       24th Day of January, 2024

 

            (Jot Naranjan Singh Gill)

            President

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member