BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 31st OCTOBER 2015
PRESENT
SMT. ASHA SHETTY : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : HON’BLE MEMBER
COMPLAINT NO. 185/2015
(Admitted on 06.06.2015)
Master ANIRUDDH MALLYA,
S/o Mr. M. Narasimha Mallya,
Aged about 44 years, Hindu Minor Male,
Represented by his father and Natural Guardian
Mr. M. Narasimha Mallya,
S/o Late M. Mohan Mallya,
aged about 46 years, 5-155/3,
“Jayashree” Opp: Akashvani Quarters,
Kodical Road, Urva Stores,
Mangalore-575006. …….. COMPLAINANT
(Advocate for Complainant: Sri M.P.RAMNATH)
VERSUS
Mrs. FLAVIA LANCY D’SOUZA,
W/o Mr. Lancy D’souza,
Roman Catholic Christian Adult Female,
Age not known,
Propreitrix: Genius Coaching Classes,
Shreya Chambers, 2nd floor, Chilimbi,
Mangalore-575006. ……OPPOSITE PARTY
(Opposite Party : Ex-parte)
ORDER DELIVERED BY HON’BLE PRESIDENT
SMT. ASHA SHETTY
- 1. This complaint is filed under section 12 of the Consumer Protection Act alleging repayment in advance as against the opposite party claiming certain reliefs.
The brief facts of the case are as under:
The opposite party is running a coaching class under the name and style Genius Coaching Classes. As advertised coaching in academics is provided to students in order to enable them to excel in their academic ventures. The advertisement by the opposite party was so promising that the complainant was lured to enroll into the coaching center of the opposite party with a hope that the coaching available with the Opposite Party will help him perform well in his tenth standard exams.
During enrollment, it was informed to the father and natural guardian of the complainant that individual attention will be bestowed by the tutors on each and every ward due to which the performance of the ward improves resulting in better score and good results both to the ward as also the coaching center. Based on this assurance, the father of the complainant enrolled the complainant with the coaching class of the Opposite Party after paying the prescribed fees of Rs. 12,000/- which includes service tax in respect of which the Opposite Party issued a receipt dated 12/11/2014 bearing No 191 in favour of the complainant permitting him to attend regular coaching classes at the institute of the Opposite Party beginning from 06.04.2015.
As per the subsequent enquires conducted by the father of the complainant, the institute had umpteen number of students which makes it impossible for the tutors to bestow individual attention to any of the students, as assured, and tuition imparted in the coaching center run by the Opposite Party was only confined to regular classroom teaching. As the complainant needed individual attention part from regular classroom coaching which was not possible with the opposite party. The complainant decided to opt out of the tuition classes conducted at the coaching center of the Opposite Party. Accordingly, the father of the complainant approached the Opposite Party on 14.3.2015 informing the intention of the complainant to opt out of coaching well in advance and requested her to refund the fees paid on behalf of the complainant.
However, the father of the complainant was stunned and shocked when the Opposite Party refused to entertain the request of the father and natural guardian of the complainant citing that the internal policy of the op does not permit entertaining of claims for refund of fees once paid. The Opposite Party made it clear to the father of the complainant that the fees paid on behalf of the complainant to the Opposite Party as tuition fees stands forfeited. The Opposite Party or her manager Mr. Lancy D’souza refused to lend an ear to the father of the complainant. Hence the above complaint filed U/sec 12 of the Consumer Protection Act 1986 (herein after referred to as the act) seeking direction from this Forum to the opposite party to refund a sum of Rs. 12,000/- along with interest at 18% per annum from the date of payment till the realization to the complainant along with compensation and cost of the proceedings.
II. 1. Version notice served to the opposite party by R.P.A.D the said notice was returned citing reasons “unclaimed”. Hence we have proceeded ex-parte as against the opposite party. The acknowledgment marked as court Document No. 1.
III. 1. In support of the complaint, Mr. Aniruddh Mallya. (CW1) the Complainant filed affidavit reiterating what has been stated in the complaint and produced Ex. C1 to C3. Opposite Party ex-parte.
In view of the above said facts, the points now that arise for our consideration in this case are as under:
- Whether the complainant proves that the opposite party have committed deficiency in service?
- If so, whether the complainant is entitled for the reliefs claimed?
- What order?
We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:
Point No. (i) and (ii): Affirmative
Point No. (iii) and (iv). As per the final order.
REASONS
IV. 1. POINTS NO. (i) to (iv): The complainant in order to substantiate the averments made in the complaint filed affidavit supported by documents i.e. Ex c-1 to C-3, wherein ,the Ex C1 is the receipt dated 12.11.2014 which shows that the complainant paid Rs. 12,000/-() towards regular coaching fee. However, the complainant contended that, he needed individual attention apart from regular class room coaching, which is not possible with the opposite party and hence complainant decided to opt out of the tuition class conducted at the opposite party center. The above allegations for not contradicted nor controverted by the opposite party. The opposite party in spite of receiving version notice not appeared nor contested the case. The unrebutted evidence requi8rse no further proof. Therefore we hold that, the opposite party is liable to refund the tuition fees paid by the complainant along with interest @ 12% per annum from the date of receipt of the amount till the date payment and also pay Rs. 3,000/- as cost of litigation expenses. Payment shall be made within 30 days from the date of receipt of this order.
In the present case, interest considered by this Forum itself is compensation and therefore, no separate amount for compensation is awarded.
In the result, we pass the following:
ORDER
The complaint is allowed. The opposite party shall pay to the complainant an amount of Rs. ₹ 12,000/ with interest @ 12% per annum from date of receipt of the amount till the date of payment and also pay Rs. 3,000/- as litigation expenses. Payment shall be made within 30 days from the date of receipt of this order.
Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.
(Page No.1 to 7 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 31ST day of OCTOBER 2015)
PRESIDENT MEMBER
(SMT. ASHA SHETTY) (SMT. LAVANYA M.RAI)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW-1 : Mr. Aniruddh Mallya – Complainant.
Documents produced on behalf of the Complainant:
Ex. C1 : 12.11.2014 : The Receipt bearing
No: 191 in favour of the complainant.
Ex. C2 : 08.04.2015 : The office copy of the
lawyers notice.
Ex. C3 : 14.08.2014 : The Postal unserved cover
and acknowledgment of the above.
Witnesses examined on behalf of the Opposite Party:
- Nil -
Documents produced on behalf of the Opposite Party:
- Nil -
Dated: 31.10.2015. PRESIDENT
ORDER
The complaint is allowed. The opposite party shall pay the complainant an amount of Rs. ₹ 12,000/ with interest @ 12% per annum from date of receipt of the amount till the date of payment and also pay Rs. 3,000/- as litigation expenses. Payment shall be made within 30 days from the date of receipt of this order.
Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.
(Page No.1 to 7 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 31ST day of OCTOBER 2015)
PRESIDENT MEMBER
(SMT. ASHA SHETTY) (SMT. LAVANYA M.RAI)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
