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Dr. Japnit Singh filed a consumer case on 01 Feb 2022 against Manya Education Pvt. Ltd. in the DF-I Consumer Court. The case no is CC/76/2020 and the judgment uploaded on 10 Feb 2022.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,
U.T. CHANDIGARH
Consumer Complaint No. | : | CC/76/2020 |
Date of Institution | : | 10/02/2020 |
Date of Decision | : | 01/02/2022 |
Dr.Japnit Singh daughter of Sh.Gurtej Singh, Resident of House No.245, Sector 16, Chandigarh.
… Complainant
V E R S U S
2nd Address:
B-7/2, Okhla Industrial Area, Phase 2, New Delhi-110020.
OP No.9 to 14 C/o Manya Education Pvt. Ltd., SCO No.130-131, 3rd Floor, Sector 34-A, Chandigarh.
(OP No.2 to 14 struck off vide order dated 12.02.2020).
… Opposite Parties
CORAM : | RAJAN DEWAN | PRESIDENT |
| SURESH KUMAR SARDANA | MEMBER |
|
|
|
ARGUED BY | : | Sh.Inderdeep Singh, Counsel for complainant. |
| : | OP No.1 ex-parte. |
| : | OP No.2 to 14 struck off vide order dated 12.02.2020. |
The conduct of OPs shows that from the very inception they had intention to cheat complainant, as their employee/agent. The complainant got served a legal notice on 04.10.2019 to the Opposite Parties, asking them to refund the amount charged by the Opposite Parties. The copy of the legal notice and postal receipt are annexed as Ex.C-5 & C-6 Colly respectively. As such there is clear deficiency in services and unfair trade practice on the part of the Opposite Parties.
2. Notice of the complaint was sent to Opposite Party No.1, seeking its version of the case. However, nobody appeared on behalf of Opposite Party No.1 despite service, therefore, it was proceeded ex-parte on 23.09.2020.
3. Complainant led evidence by way of affidavits and documents.
4. We have heard the learned counsel for the complainant and gone through the record of the case. After perusal of record, our findings are as under:-
5. We have perused Annexure C-1, vide which the complainant has paid an amount of Rs.1,75,000/- to the Opposite Party. We have also perused enclosed other annexures which are correspondence carried out by the complainant with the Opposite Party and the legal notice served by the complainant.
6. Significantly, Opposite Party No.1 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Party No.1 draws an adverse inference against it. The non-appearance of the Opposite Party No.1 shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. Opposite Party No.1 is directed as under :-
8. This order be complied with by the Opposite Party No.1 within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
9. Certified copies of this order be sent to the parties free of charge. The file be consigned.
| Sd/- | Sd/- |
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01/02/2022 | [Suresh Kumar Sardana] | [Rajan Dewan] |
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Ls | Member | President |
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