Complainant present in person
Opponent absent (Ex-parte)
Per : Mr. V. P. Utpat, President Place : PUNE
J U D G M E N T
20/06/2014
This complaint is filed by the consumer against the service provider for deficiency in service under section 12 of the Consumer Protection Act, 1986. The brief facts are as follows,
1] The complainant is a resident of Wanwadi, Pune – 40. Opponent is a service provider. The opponent is doing profession of tutorials, which is known as ‘Brilliant Tutorials’ at Chennai. The complainant applied to the opponent for “sit down test series” for his son Shivam Agarwal, who s preparing for AIEEE and IITJEE. He paid an amount of Rs. 5,148/- for “sit down test series” while the online test series was for Rs. 1800/-. His son was interesting in applying for realistic examination, which could improve his performance. Hence, he applied for “sit down test series”, which was planned at Pune. He paid an amount of Rs. 5184/- by using credit card. The opponent has failed to make arrangement for “sit down test series”, even though complainant contacted with the opponent through e-mails and telephone calls. Despite repeated requests, the opponent neither responded, nor provided “sit down test series” as per the promise. The opponent has also not refunded amount; that amounts to deficiency in service. The complainant has claimed refund of Rs. 5,184/- and compensation for mental harassment as well as cost of the proceeding.
2] The opponent though duly served with the notice remained absent. Hence, the complaint proceeded ex-parte against the opponent.
3] The complainant has produced documents, such as affidavit, copy of the mails, extract as regards online transaction, which was through credit card, the copy of the application, which was submitted to the opponent.
4] It reveals from the record that even though, the opponent has assured for the “sit down test series”, it has not provided the said service to the complainant. In such circumstances, it is the opinion of the Forum that the complainant is entitled for refund of Rs.5,184/-, as well as compensation of Rs. 2,000/- for mental and physical harassment and Rs. 500/- towards costs of the proceeding. In the result the Forum pass the following order.
O R D E R
- The complaint is partly allowed.
- It is hereby declared that the opponent has caused deficiency in service.
3. The opponent is directed to refund an amount of Rs. 5,184/- (Rs. Five Thousand One Hundred and Eighty Four only), an amount of Rs.2,000/- (Rs. Two Thousand only) towards compensation for mental and physical harassment and an amount of Rs. 500/- (Rs. Five Hundred only) towards costs of the complaint within six weeks from the date of receipt of copy of this order.
4. Copies of this order be furnished to the parties free of cost.
5. Parties are directed to collect the sets, which were provided for Members within one month from the date of order, otherwise those will be destroyed.
