DISTRICT CONSUMER DISPUTES REDRESSAL FORUM NORTH-WEST,
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 558/2016
D.No._____________________ Dated: _________________
IN THE MATTER OF:
Ms. MANISHA JAIN,
D/o LATE SH. NARESH KUMAR JAIN,
R/o A-7/136, SECTOR-17,
ROHINI, DELHI-110085. … COMPLAINANT
Versus
MANOJ IAS ACADEMY,
COLLEGE OF ECONOMICS,
THROUGH ITS CHAIRMAN & M.D.,
U-70, 3rd FLOOR, KALRA COMPLEX,
SHAKARPUR, LAXMI NAGAR,
DELHI-110092.
ALSO AT: D-11/145,
NEAR ROHINI EAST METRO STATION,
SECTOR-8, ROHINI, DELHI-110085. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 24.05.2016
Date of Decision: 19.11.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under the Consumer Protection Act, 1986 on the allegations that on
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09.10.2015, the complainant enrolled for Civil Services (G.S. Main Course) and the complainant got to know about OP via Just Dial and OP provided counselling to the complainant by Maths teacher who has also appeared for Civil Services Exam. Thereafter, Ms. Jyoti who sits at Laxmi Nagar Branch of OP came at Rohini branch to influence the complainant and she told the complainant about OP and according to counselling the subjects which were to be taught to the complainant were (C-SAT, General Studies, Economics, Sociology, History, Geography, Political Science & other subjects) and OP told that at camp OP charged Rs.1,20,000/- from the students for one year course which is being provided to the complainant at just Rs.60,000/-. The complainant further alleged that OP offered discount of Rs.5,000/- if the complainant pay entire fees in one installment but the complainant was unable to pay the fees at one installment and the complainant liked to enroll next month so that she can avail benefit of discount offered by OP, then OP told to the complainant to enroll now and she can pay it in 2 installments with discount offered by OP and the complainant had to pay a sum of Rs.55,000/- to OP. The complainant further alleged that as per the requirement the complainant paid 1st cheque of Rs.30,000/- dated 09.10.2015 to OP’s Rohini, Delhi and OP provided Maths & History teachers just for 10-15 classes and the teachers had just covered 1 or 2 chapters of the complainant syllabus and OP also told the complainant for half of notes had to
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be provided before 2nd installment and half of notes after but OP did not provide any notes till 2nd installment and OP told the complainant that all classes must be resumed after Diwali festival which was on 11.11.2015. Thereafter, OP said all students went on vacations till Diwali festival and OP asked for 2nd installment from the complainant and she told to provide notes & classes then OP repeated do not worry classes will be resumed and there was slow down and to pay so that he could pay for the notes & arrange it for the complainant. On 06.11.2015, the complainant paid 2nd installment vide a cheque and OP arranged 45 books of General Studies. The complainant further alleged that the complainant’s classes resumed after Diwali festival but no Civil Services aspirant appeared to the complainant in the class, except one student who got admission for NET or JRF and no new subject classes resumed after Diwali festival and only OP taught in Hindi medium and some topics of Economicswere very briefly explained and started dictating notes of Vajiram & Ravi notes to the complainant and to her batchmate in mix language but his pronunciation was also poor and when the complainant asked about the students and other classes, when OP told gradually students will be back & classes will be resumed of all subjects as soon as strength of the students increase. Till mid-December, no new student came from vacations & repeatedly,OP gave excuses to the complainant and OP always dictated notes to the complainant in English with very poor
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pronunciation. One day in Mid-December, when OP was dictating notes to the complainant one unknown person came & shouted at OP outsider wanted refund of coaching fee of his sister as OP did not provide coaching properly and that person also warned OP if he had not returned the money as already OP had given the cheque of Rs.5,000/- to the outsider which was bounced. On being asked about the same, OP informed the complainant not to worry and consoled the complainant to complete the course within 4-5 months and assured the complainant that classes will be resumed from January as students will join after winter. The complainant further alleged that in January, OP did not resume classes and informed the complainant on telephone that his mother had fell ill and the complainant can come for classes on 15.01.2016. The complainant further alleged that but the classes were not started on 15.01.2016 and on repeated telephone calls, Ms. Jyoti informed the complainant not to worry and promised that classes will be resumed from 05.02.2016 but were not resumed and on 15.02.2016 OP called the complainant that classes are resumed at new address in Rohini branch. At the new address of the branch, the complainant found a new batchmate and OP taught banking for half an hour and the next day OP introduced a Sociology teacher and asked the complainant and batchmate to opt for Sociology as optional subject for Civil Services and so the complainant took classes of Sociology and her batchmate was not interested for
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Sociology subject so he did not attend the classes thereafter. OP informed that complainant that gradually classes of all subjects will be arranged and Mr. Kunal will taught history, maths & reasoning from 20.02.2016 onwards.
2. The complainant further alleged that after 2-3 classes of Sociology, rent was demanded from OP but he was unable to pay rent and thereupon OP requested the complainant to lend him Rs.4,000/- so that he could pay rent and classes would not be hampered but the complainant refused. Thereupon, OP told the complainant that just for one student he cannot pay rent and to attend the class and camp branch which was very far from Rohini, Sector-8 branch and it also incurred extra cost to the complainant and the classes at camp branch were resumed from 01.03.2016 and at camp branch OP shared the branch with other institute and that institute provided space to OP just for one batch as no other student of OP was present at camp branch. OP dictated Economics notes of Chankya Academy and Sociology teacher was also a student of OP and this scenario continued for a few days. The complainant demanded classes of other subjects and OP informed the complainant that after the Holi festival classes will continue. Then the complainant refused for Sociology class as the same was not important according to syllabus. Then OP gave holidays for one week for Holi festival and after Holi no call from OP came to the complainant till 01.04.2016 and on 02.04.2016 Mr. Jyoti staff of OP
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Laxmi Nagar branch called the complainant and enquired as to why the complainant not coming to attend the classes then the complainant asked her to arrange classes of Geography, Maths & reasoning on priority basis and Ms. Jyoti assured the complainant that the classes will be resumed from 05.04.2016. On 05.04.2016, OP provided one teacher for Maths & reasoning just for one and a half hour and there was problem of timing with the said teacher Mr. Kunal and OP dictated Economics notes to the complainant and assured that history will be taught by Mr. Kunal and Geography classes shall be resumed from 01.05.2016. Then the complainant came to know that Mr. Kunal only taught in Hindi Medium and then OP informed the complainant to study history for herself. The complainant further alleged that OP also can taught in Hindi Medium and on 01.05.2016 OP brought notes of geography in Hindi and started dictating to the complainant and asked the complainant to translate the notes in English herself and these act of OP frustrated the complainant and asked OP for refund of fee. Thereupon OP stopped communicating with the complainantand thus there is a deficiency in service and unfair trade practice on the part of OP.
3. On these allegations the complainant has filed the present complaint and prayed to direct OP to pay sum of Rs.30,000/- and has also claimed remaining amount after deducting OP fees.
4. OP has been contesting the case and filed written statement and
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submitted that the complaint is time barred and has been filed beyond the period of limitation and is liable to be dismissed. OP further submitted that the complainant took admission in the Laxmi Nagar branch of OP and the copy of the brochure shows that OP never ever had any branch in Rohini and the complainant was admitted to the Manoj IAS institution, Laxmi Nagar, Delhi therefore, the cause of action has arisen at Laxmi Nagar and as per the memo of parties filed by the complainant the complaint is against the Managing Director of Manoj IAS Academy OP is not the Managing Director of Manoj IAS Academy and as Manoj IAS being a proprietorship firm it cannot have a Managing Director. OP further submitted that the complainant had decided to join OP IAS Academy at her own will after careful consideration and also after attending the Demo classes andfound OP Manoj IAS Academy center for better in terms of preparation of Civil Service main Academy examination and the complainant through a well thought out and planned strategy enrolled to OP Academy Center asking to do only half of the subjects and thereby asking for the half of the fees of the foundation course with the malafide intention that she would do the complete course in half fees, however when OP did not adhere to her tactics of doing the complete foundation course in half of the fess, she has instituted the instant frivolous and false complaint having no basis against OP. OP further submitted that OP informed the complainant about the fee structure and the
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course to be undertaken in mentioned fee was C-SAT, General Studies, Economics, Sociology, History & Political Science and fee for academy particular as mentioned was Rs.1,20,000/- as mentioned in the brochure when the complainant insisted on doing only half of the subjects on paying half of the fees only. OP further submitted that the complainant after counselling and her own will decided to enroll herself and that the complainant after giving 1st installment against cheque of Rs.30,000/- dated 09.10.2015 to Manoj IAS Academy, Laxmi Nagar branch, Delhi and successfully enrolled for IAS Academy foundation course only for half subjects and the complainant wanted to do Maths & history classes and OP informed the complainant in clear terms that the fees is only for the half of the course and if she wanted to do the complete course she will have to pay extra fees for the same. OP further submitted that the complainant studied for complete one month and took the course material all the books and notes of the subjects and after being satisfied with the classes and the notes she gave the next installment by way of the cheque of Rs.25,000/- dated 06.11.2015 and the request of the complainant was provided with classes of Maths, Reasoning, Geography and History and her syllabus was completed as per the brochure and many students are studying in the same institute and none of them had any problem with the institute except the complainant.
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5. The complainant filed rejoinder and denied the submissions of OP.
6. In order to prove her case, the complainant filed her affidavit inevidence and has also filed written arguments. The complainant has also placed on record copy of brochure, copy of Offered Courses by OP, copies of e-mail communications between the parties and copies cheques bearing no.899981 dated 09.10.2015 for a sum of Rs.30,000/- and no. 899984 dated 06.11.2015 for a sum of Rs.25,000/- both drawn on Canara Bank, Delhi, copy of receipt no.106 dated 09.10.2015 for a sum of Rs.30,000/- issued by OP.
7. On the other hand, Sh. Manoj Kumar, Managing Director of OP filed his affidavit in evidence. OP also filed written arguments.
8. During the course of arguments, complainant relied on following authority as under:
i) F.A. No. 88 of 2014 in case entitled Sri Sukhmani Institute of Engineering & Technology & Ors. Vs. Sh. Rishabh Garg decided by Hon’ble State Commission, Chandigarh on 30.04.2014.
9. This Forum has considered the case of the complainant in the lightof the facts contained in the complaint, reply of OP, evidence of the parties and documents placed on record. The case of the complainant has remained consistent and there is nothing on record to disbelieve the same. The OP is not justified in contendingthat the case of the complainant is time barred as the complainant joined the institute of OP in October-2015 and has filed the present case on 24.05.2016 raising allegationof deficiency in service on the
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part of OP i.e. within 2 years. Thus, there is no merits in the defence of OP.
10. As regards other defence of OP that the complainant has joined the institute for completing the half course OP has failed to prove any document to prove this defence. However, from the evidence it is clear that OP has failed to provide any class for Geography and History. Furthermore, OP has failed to prove as to why coaching class at Rohini branch was not provided to the complainant and thus there is unfair trade practice and deficiency in service on the part of OP.
11. In the light of above discussion, we are of the opinion that OP is guilty ofunfair trade practice and deficiency in service. We directOPas under:
i) To refund to the complainant an amount of Rs.25,000/- as the complainant admittedly has attended classes for more than 5 months and has also received study material from OP.
ii) To pay to the complainant an amount of Rs.10,000/- towards compensation for causing mental agony and harassment.
iii) To pay to the complainant an amount of Rs.8,000/- towards as cost of litigation.
12. The above amount shall be paid by OPto the complainant within 30 days from the date of receiving copy of this order failingwhich OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date
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of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
13. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 19thday of November, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY:SATYENDRA JEET
