Date of Filing 06.03.2024

                                                                                                             Date of Disposal: 09.07.2024

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

BEFORE TMT. Dr.S.M. LATHA MAHESWARI, MA. ML, Ph.D (Law),                                          …….PRESIDENT

               THIRU.P.VINODH KUMAR, B.Sc., BL,                                                                                ……MEMBER-I

CC.No.113/2024

THIS TUESDAY, THE 09^th DAY OF JULY 2024

Mr.L.Vinoth Kumar,

S/o.Mr.Lakshmanan,

Residing at 154/1, Sivan Kovil Street,

Senji Village & Post,

Thiruvallur District 631 203.                                                                  ......Complainant.    

                                                                            //Vs//

M/s. ACTE Technologies Private Limited,

Rep. by its authorized signatory,

Having office at Door No.1A, 2^nd Floor,

Sai Adhitya Building,

Taramani Link Road,

Velachery, Chennai 600 042.                                                             ……Opposite party.

Counsel for the complainant                                         : M/s.S.Prabhakaran, Advocate

Counsel for the opposite party                                     : Exparte.

This complaint coming before us finally for hearing on 01.07.2024 in the presence of M/s.S.Prabhakaran, counsel for the complainant and the opposite party was set exparte for non appearance and upon perusing the documents and evidences of complainant’s side this Commission delivered the following:

ORDER

PRONOUNCED BY Tmt. Dr.S.M. LATHA MAHESWARI, PRESIDENT

1. This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite party with respect to the course conducted by them along with a prayer to direct the opposite party to refund a sum of Rs.9,000/-, to pay a sum of Rs.50,000/- towards compensation for the mental agony and hardship caused to the complainant and to pay a sum of Rs.10,000/- towards litigation expenses to the complainant.

Summary of facts culminating into complaint:-

2. Believing the words of the opposite party, the complainant joined GST online courses by paying full fees of Rs.9,000/- on 23.04.2023.  Though alleged earlier by opposite party that both weekdays batch (Monday to Friday) and weekend batch (Saturday, Sunday) was available, complainant forced to attend week end batch due to non-availability of staffs. Course syllabus was not followed and classes were taken by seeing you-tube channels.  The instructors avoid classes frequently.  The quality of education provided was below the expected standards.  Thus aggrieved, the complaint was filed for refund of the course fee along with Rs.10,000/- compensation.

3. On the side of the complainant proof affidavit was filed along with documents marked as Ex.A1 to Ex4. Though notice was served to the opposite party they did not appear and hence were called absent and set exparte on 15.05.2024 for non appearance and for non filing of written version within the mandatory period as per the statute.

Points for consideration:-

1. Whether the complaint allegations raised by the complainant against the opposite party with respect to the course conducted by them was proved successfully by admissible evidence?
2. To what relief the complainant is entitled?

Point No.1:-

4. Heard the oral arguments of complainant. It is the case of the complainant that he joined the course on assurance given by the opposite party for regular classes.  However, opposite party was reluctant in taking the classes by citing various irrelevant reasons.  The learned counsel cited the email and WhatApp communications the complainant had with opposite party to show that every time when complainant requested for class, opposite party refused on various grounds.

5. Perused the pleadings and evidences produced by the complainant.  Though consumer complaint against educational institutions are not maintainable as the present complaint was related to coaching classes the complaint is maintainable. Vide Ex.A1 payment receipt the factom of payment of money was established. Vide Ex.A4 WhatApp chats we could see the flowing responses from the opposite party when complainant requested for classes;

1. On 26.04.2023: Sry guys I am not able getup in the mrng....It is difficult for me to take class so early in the mrng;
2. On 28.04.2023: Tomorrow I am out not be able to take this week we will start from next week don’t worry will complete it before time....Having no time this week sry for the inconvenience.
3. On 10.05.2023: we will start from this week sat n Sunday.
4. On 14.05.2023: I am out somewhere i will update u in a while when to start.
5. On 21.05.2023: I have got some urgent work today have to go somewhere.
6. On 21.05.2023: I have to reach somewhere very urgently i will conduct ur session tomorrow mrng pls give me time when u will be available.
7. On 03.06.2023: Good mrng Vinodji Brother i have came to utrakhand for some office work will be returning back on Monday.
8. On 24.06.2024: i am getting engaged so this whole week is extremely busy for me.  I am not having any time for anything.
9. On 18.06.2023 pls bear with me .....I will be free after 24^th then we will continue for sure.
10. On 01.07.2023 : sry vinod I am out of town today.
11.  On 02.07.2023: Sry vinodji I am hospitalized.

By the above conversations, it is well established that when every time, the complainant requested for a class it was rejected on some grounds.  However, at the end of chat it was mentioned that 90% of classes were over. Considering the excuses made by the opposite party to evade taking classes for the complainant, this commission is of the view that the allegation made by the complainant in his oral arguments that not even 50% of the classes were taken for him to be true.  Further, even from record, the payment was made in April 2023 and in the promised 30-45 hours classes, till the month of July 2023 the entire syllabus was not completed.  The complainant had also sent a legal notice citing all the issues to the opposite party which was received by them but there was no response denying any of the allegations.  Even before this commission, the opposite party failed to appear to contest the complaint allegations.  Therefore in the facts and circumstances, we are of the view that the complaint allegations as to deficiency in service has been successfully proved by the complainant.

Point No.2:-

6. With regard to relief as it was admitted by the complainant that 50% of classes has been taken, we direct the opposite party to refund 50% of the amount received from the complainant.  Further for deceiving the complainant by not conducting and completing the classes properly and not providing the course certificate, we award a compensation of Rs.10,000/- to be paid to the complainant.  We also award Rs.5,000/- as cost towards litigation expenses.

In the result, the complaint is partly allowed against the opposite party directing them

a) To refund a sum of Rs.4,500/-(Rupees four thousand five hundred only) to the complainant within six weeks from the date of receipt of copy of this order;

b) To pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for the mental agony and hardship caused to the complainant;

c) To pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant;

d) Amount in clause (a) if not paid within six weeks from the date of receipt of copy of this order, interest at the rate of 12% per annum will be levied on the said amount from the date of complaint till realization.

Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this 09^th day of July 2024.

      -Sd-                                                                                                                  -Sd- 

MEMBER-I                                                                                                     PRESIDENT

List of document filed by the complainant:-

     -Sd-                                                                                                                        -Sd-

MEMBER-I                                                                                                           PRESIDENT