Chandigarh

DF-I

CC/3/2024

VEENA RANI - Complainant(s)

Versus

MALUKA IAS COACHING OPC PVT LTD - Opp.Party(s)

YAMAN

03 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/3/2024
Date of Institution	:	29.12.2023
Date of Decision	:	03/09/2024

 

Veena Rani, Age-32 Years, w/o Jagan Nath Bhandari, R/o House No. 12. Block-A. Janta Colony Naya Goan, District-SAS Nagar, Punjab-160103.

Complainant

Versus

 

1. MALUKA IAS COACHING OPC (P) LTD, through its director, Head Office at 16-B, Near HDFC BANK, DELHI, PIN-110060.

2. MALUKA IAS COACHING OPC (P) LTD., Through Branch Manager, Chandigarh Office, SCO No.219, Sector 36-D, Chandigarh-160036

Opposite Parties

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                                               

ARGUED BY	:	Sh. Yaman, Advocate for complainant
	:	OPs exparte.

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that  OP No.1 is the private limited company  whereas OP No.2 operates its branch head at  Chandigarh coaching centre. The complainant is Masters in Punjabi  and is a qualified special educator and had planned to appear for UPSC exam. As the complainant was desired to take examination in Punjabi language,  she searched for an educational centre providing coaching for Punjabi language and after coming across advertisement of the OPs, she visited the aforesaid centre where she met with a counselor,  who claimed to provide IAS coaching in Punjabi with Punjab notes and at that time the counselor asserted  that the institute guarantees either clearing pre and mains or a 100% refund of the paid amount. However the said guarantee given by the OPs proved to be misleading and later on the complainant came to know that the said counselor is Branch head Balraj Singh who was running the  Chandigarh centre i.e. OP No.2. On 5^th July  2023,  the  complainant was enrolled in the course CSAT + UPSC Foundation preliminary and mains with NCERT Course at Chandigarh centre of OPs. The minimum duration of the course was of 15 months and the complainant was asked to make payment of Rs.1,05,000/-  in four installments.  The complainant paid partial fee to the OP No.2 in the following manner:-

S. No.	Date	Mode of payment	Amount in rupees.
1.	13.7.2023	Cash	25,000/-
2.	10.8.2023	Cash	25,000/-

Thereafter when the classes commenced and the complainant started attending the same, the complainant was shocked to find that there was no foundation course rather she was directly placed in an ongoing batch with one major subject “Internal Security”. The complainant enquired about the foundation course from OP No.2, who stated that it would commence after completion of ongoing subject course. Accordingly, the complainant attended her regular classes throughout July 2023 and started focusing on internal security. Even in August 2023, no foundation course was started  rather another major subject Indian Polity  was introduced and the tutor for the said subject Ms. Salani conducted class only for 15-20 days. Thereafter the said class was left incomplete in midway as the tutor left the institute due to health issue.. Thereafter a new subject Disaster Management was introduced and was completed within 10-15 days  but no notes were provided to the complainant in Punjabi as promised by OP No.2. In this manner two months passed but neither the foundation nor the NCERT course was initiated by OP No.2. In the beginning of the third month i.e. September 2023 the complainant insisted on receiving notes for Disaster Management but she was not provided with the same. Even there was no regular teacher and no new classes commenced due to non availability of tutor. The OP No.2 had arranged an old student to teach general knowledge but he lacked competence in the subject.  The complainant raised his concern but with no result. Subsequently the complainant began to be singled out in the classrooms, experiencing discrimination and targeted behavior and it was found by the complainant that the notes prepared by the Ops were the incorrectly translated version resembling a mere copy of google translation. Over the course of three months i.e. July, August and September, the complainant observed that no teacher was available at the academy to teach Punjabi subject  which was a primary reason for joining the academy of Ops. The complainant found that it was a  sheer waste of time and money and therefore, officially discontinued attending classes on 28.9.2023, regarding which intimation was also provided to the OPs through email requesting the OPs to refund the fee on pro-rata basis. However, the OPs intimated the complainant to wait for 7 days by sending email dated 4.10.2023. After sometime the OPs made offer of Rs.7373/-  as refund which was not acceptable to the complainant. Thereafter the complainant sought the refund of Rs.30,000/- ateast by sending email dated 19.10.2023 to the OPs on pro-rata basis. The details of email communications are annexed as Annexure C-2 and whatsapp conversation with OP No.2 is annexed as Annexure C-3. The complainant also sent legal notice Annexure C-4 to the OP for refund of the amount but with no result. The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.

2. OPs  were properly served and when OPs did not turn up before this Commission, despite proper service, they were proceeded against ex-parte on 26.4.2024.

2. In order to prove her claim the complainant has tendered/proved her evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the  complainant that she joined the  educational centre of OPs by paying an amount of Rs.50,000/- towards partial fee out of the total fee of Rs.1,05,000/-  for 15 months course and the complainant had joined the said course only for three months  and during that period the Ops even could not provide the basic foundation course nor NCERT course was initiated and rather the Ops had provided incorrectly google translated notes and thereafter she had left the course on 28.9.2023 by attending the classes for three months, the case is reduced to a narrow compass as it is to be determined if  the OPs has not provided the service as promised by them to the complainant for the aforesaid course and the complainant is entitled for the relief as prayed for and for that purpose the document placed on record by the complainant is required to be scanned carefully.
   2. Perusal of Annexure C-1 the copy of fee receipt of fee paid by the complainant clearly indicates that the Ops have received an amount of Rs.50,000/-  from the complainant through two installments of Rs.25,000/-. Annexure C-2  is copy of email dated 2.10.2023 which clearly indicates that the complainant had intimated  the Ops that she being not satisfied with the course  and felt discrimination during class time, she decided to leave the course after attending the same only for three months and requested the Ops for refund of fee. From the email at page 19 of the paper book of the complaint, it is revealed that the Ops had agreed to refund the  Rs.7373/-  to the complainant which was not acceptable to the complainant. Annexure C-3 is the copy of whatsapp conversation between the parties  through which the complainant requested the OPs to refund the fee on pro-rata basis after deducting the fee of three months during which the complainant attended the classes. Annexure C-4  is the legal notice sent by the complainant to the Ops for requesting refund of the fees to the tune of Rs.30,000/-
   3.  On perusal of entire  evidence on record led by the complainant as discussed above, it is revealed that in fact the complainant had approached the OP for getting coaching of UPSC exam in Punjabi language  for which the OPs had asked to pay a total fee of Rs.1,05,000/- for 15 months course, out of which the complainant had already paid an amount of Rs.50,000/- to the Ops, in two installments and after being not satisfied with the  services provided by the Ops on account of non-availability of qualified tutors, the complainant left the course after attending the same for three months as is evident from emails and whatsapp message Annexure C-2 and C-3 .
   4. Thus one thing is clear from the aforesaid discussion that the OPs have failed to provide proper  coaching to the complainant as  agreed upon and the aforesaid act of OPs amounts to deficiency in service and unfair trade practice on their part, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OPs. Hence, the instant consumer complaint deserves to be allowed.
   5. Since it has come on record that the complainant had paid an amount of Rs.50,000/- to the Ops i.e. the partial course fee amount and the complainant has attended the course for three months, to our mind the complainant is entitled for refund of the paid amount on pro-rata basis  especially when it has come on record that the total fee of the course was Rs.1,05,000/-  for 15 months period and the complainant has sought refund of Rs.30,000/- on pro-rata basis.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-

1. to pay ₹30,000/- to the complainant alongwith interest @ 9% per annum (simple) from 2.10.2023 when the complainant first time requested for refund till onwards
2. to pay ₹10,000/- to the complainant as compensation for causing mental agony and harassment;
3. to pay ₹7000/- to the complainant as costs of litigation.

5. This order be complied with by the OPs jointly and severally within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) & (ii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)], till realisation, over and above payment of ligation expenses.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 03/09/2024 mp			[Pawanjit Singh] President
			[Surjeet Kaur] Member
			[Suresh Kumar Sardana] Member