Chandigarh

DF-I

CC/76/2020

Dr. Japnit Singh - Complainant(s)

Versus

Manya Education Pvt. Ltd. - Opp.Party(s)

Chanchal K. Singla, R.S. Randhawa, Inderdeep Singh

01 Feb 2022

ORDER

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

1. Manya Education Pvt. Ltd., SCO No.130-131, 3^rd Floor, Sector 34-A, Chandigarh through its Managing Director.

     2^nd Address:

     B-7/2, Okhla Industrial Area, Phase 2, New Delhi-110020.

2. Rajendra Prasad Khaitan, (Director), Manya Education Pvt. Ltd., SCO No.130-131, 3^rd Floor, Sector 34-A, Chandigarh.
3. Venkatesh Ramnarayan Iyer, Director, Manya Education Pvt. Ltd., SCO No.130-131, 3^rd Floor, Sector 34-A, Chandigarh.
4. Aakash Chaudhry, Director, Manya Education Pvt. Ltd., SCO No.130-131, 3^rd Floor, Sector 34-A, Chandigarh.
5. Aradhana Khaitan Mahna, Director, Manya Education Pvt. Ltd., SCO No.130-131, 3^rd Floor, Sector 34-A, Chandigarh.
6. Nidhi Modi, Director, Manya Education Pvt. Ltd., SCO No.130-131, 3^rd Floor, Sector 34-A, Chandigarh.
7. Arvind Malhan, Director, Manya Education Pvt. Ltd., SCO No.130-131, 3^rd Floor, Sector 34-A, Chandigarh.
8. Ira Gupta, Director, Manya Education Pvt. Ltd., SCO No.130-131, 3^rd Floor, Sector 34-A, Chandigarh.
9. Ms.Aditi, Editor,
10. Ms.Anu, Counselor,
11. Ms.Sarbani,
12. Ms.Megha,
13. Mr.Rishi,
14. Mr.Ahmed,

     OP No.9 to 14 C/o Manya Education Pvt. Ltd., SCO No.130-131, 3^rd 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.

 

Per Suresh Kumar Sardana, Member

1.      Briefly stated the allegations are that the complainant enrolled for GMAT full package, TOFEL package and admission counseling services for 7 universities from OP’s institute i.e. Manya Education Pvt. Ltd. On 29.03.2019 by paying huge amount of Rs.1,75,000/-. The copy of enrollment letter and payment received in cash is annexed as Ex.C-1. The fees charged by OPs were highly exorbitant as compared to market price and the complainant faced lot of difficulties due to various shortcomings and basic deficiencies in office infrastructure of Opposite Parties.  The CD’s for the TOFEL preparation did not work even after the same was replaced by a new one at the office and due to which complainant was not able to give even one full TOFEL Mock Test before her actual examination Scheduled on 1^st June, 2019. As per complaint, the Manya online portal Sutradhaar was not updated until the applications were submitted despite multiple attempts and requested by complainant. The complainant’s profile was not been updated and she had been struggling to upload everything on her personal account. Screenshots of Whatsapp messages which shows conversation took place between the complainant and Opposite Party No.9 & 10 are annexed as Ex.C-2. Despite assurances by the OPs, the complaint did not receive any positive reply to the messages which are annexed as Ex.C-3 Colly. The complainant also requested them as well other OPs to refund the entire amount paid by her because no promised service was provided by the OPs (Ex.C-4 Colly).

         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 :-

1. to refund an amount of ₹1,75,000/- to the complainant alongwith interest @ 9% per annum from the respective  date of deposit till realization.
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹5,000/- to the complainant as costs of litigation.

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/-
01/02/2022	[Suresh Kumar Sardana]	[Rajan Dewan]
Ls	Member	President