Haryana

Ambala

CC/55/2021

Akshat Sikri - Complainant(s)

Versus

Mr Mohan Kumar - Opp.Party(s)

12 Aug 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case no.         :    55 of 2021

                                                          Date of Institution           :    05.02.2021

                                                          Date of decision     :    12.08.2021.

 

Akshat Sikri son of Shri Arvind Sikri, R/o 144, Model Town, Ambala City.

……. Complainant.

 

Mr. Mohan Kumar, Founder of IASbaba Institute, 1737/37, MRCR Layout, Vijaynagar Service Road, Vijaynagar, Bangalore-560040.

 

                                                                    ….…. Opposite Party.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Complainant in person.

OP already exparte vide order dated 01.04.2021.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019  (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To return the fee amount of Rs.22,300/-.
2. To pay Rs.15,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
3. To pay Rs.5,000/- as litigation, postal and transportation expenses.
382.  

                   Any other relief which this Hon’ble Commission may deem fit.

 

                   Brief facts of the case are that previously, complainant qualified prelims of the UPSC civil services examination and required a test series program for preparation for the main examination; therefore, he approached the OP for admission in its institute and took admission on 11.10.2020.  Employee of the OP, Ms.Pinki, told him to deposit the fee and he deposited a sum of Rs.23,200/-, as fee. The said employee ensured the complainant that all the services mentioned in the brochure, will be provided in time including the rank list and synopsis etc. On 02.01.2021, the mentor Mr. Suraj Avhad intimated that there was some issue in evaluation of the answer sheets. Tests numbering 21 to 23 will not be evaluated as per instructions of Mr. Srinath A.R. Complainant took the issue to the telegram group, constituted by the institute for the students, where he had to face humiliation from the mentors as well as from the group members. In fact, complainant had taken up the issue on National Consumer Helpline but Mr. Gopi Krishna has alleged that he had filed a case in the Consumer Court and Mr. Aman asked to withdraw it, in this way, the employees of the OP indirectly trying to threaten him. Rank list for the tests number 11 to 20 was not published. Synopsis for tests number 20 to 25 was not published. As promised in the brochure, all the tests were not flexible and discretionary limits were put up by the institute for evaluation of tests without consent. As promised in the brochure ‘weekly’ answer writing enrichment sessions with Mohan Sir, were not provided on weekly basis. It was the prime duty of the OP to fulfil all the obligations as promised in the brochure but it had failed to adhere to the schedule/course plan as promised. Hence, the present complaint.

2.       Upon notice, none has appeared on behalf of the OP before this Commission, therefore, he is proceeded against ex-parte vide order dated 01.04.2021.

3.                Complainant tendered his affidavit as Annexure CA along with documents as Annexure C-1 to C-7 and closed the evidence.

4.                 We have heard the complainant carefully gone through the case file.

5.                Annexure C-6, is the document whereby the complainant deposited Rs.22,300/- as fee, to get admission in the iasbaba institute. In the schedule/course plan, Annexure C-7, Features of the TLP+2020, Special features have been mentioned. Complainant has contended that the OP failed to provide the services as mentioned in the schedule/course plan. He alleged that evaluation of all the tests was not done by OP. Rank list of the test number 11 to 20 was not published, all the tests were not flexible, weekly answer writing enrichment sessions with the founder of iasbaba institute not held on weekly basis. In support of this contention complainant has tendered documents Annexure C-2 to C-5, in his evidence. The contention of the complainant has gone unrebutted as the OP instead of contesting the case has preferred not to appear before this Commission. Thus, we left with no other alternative but to accept the contention of the complainant, which is duly supported by affidavit and documents. Since, the OP has not provided the services as promised, therefore, we do not hesitate to conclude that the OP is deficient in providing services to the complainant.           

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To return the fee amount of Rs.22,300/-, to the complainant. 
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

                   The OP is further directed to comply with the aforesaid direction within the period of 45 days from the date of receipt of the certified copy of this order, failing which, the awarded amount mentioned at Serial No.(i) & (ii) shall carry interest @ 5% per annum from the date of filing of the complaint i.e 05.02.2021, till its realisation. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on: 12.08.2021.

 

 

 

          (Vinod Kumar Sharma)            (Ruby Sharma)         (Neena Sandhu)

              Member                                  Member                       President

                                                                                            DCDRC, Ambala