DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.267/19
Krishan Sharma
21, Rajput Khurd, Bhoop Singh Colony
Chhaterpur, New Delhi-110068. .…Complainant
VERSUS
The Proprietor/Manager
M/s Future IAS
47/1-2 Yusuf Sarai, Green Park
New Delhi-110016. ….Opposite Party
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Present: Complainant in person.
Present: None for OP.
ORDER
Date of Institution:24.09.2019
Date of Order :25.07.2024
President: Ms. Monika A Srivastava
Complainant has filed the present complaint seeking return of principal amount of Rs.1,00,000/- along with interest, compensation of harassment and cost of litigation.
- It is stated by the complainant that she had approached the OP for coaching of her daughter for which she paid Rs.1,00,000/- on 05.06.2019 which included registration fee as well as tuition fee and further agreed to pay the remaining Rs.65,000/- in second instalment.
- Daughter of the complainant attended five classes but was not satisfied with sub-standard teaching and negligent attitude of OPs. It is stated that though the OP had promised teaching of three hours per day but the classes were held only for two hours. Daughter of the complainant also found the teaching material to be not up to the standard of IAS coaching. Both the complainant as well as her daughter request for refund but the OP did not agree. .
- It is the case of the complainant that the mental, physical and financial health of the family is affected as the OP is not returning their money. In this regard, OP was also sent a notice but the OP did not reply. Legal notice is annexed as annexure-5. Complainant has annexed the fee receipt of Rs.10,000/- issued on 05.06.2019 and Rs.90,000/- on 10.06.2019. Complainant has also placed on record the legal notice sent to the OP wherein the complainant has alleged poor teaching as a cause for her daughter not continuing with the classes of the OP.
- In their reply, OP has stated that the complaint is frivolous, misconceived. It is the stated that the complainant has failed to make the entire payment and that the complaint has been filed on false and frivolous allegations. It is stated that there is no deficiency of service or unfair trade practice on the part of the OP.
- It is further stated by the OP that it is a well renowned institute of Delhi and has provided to the students and has a good reputation in the field. Further the OP has simply denied the allegations in the complaint evasively. Complainant has filed an audio CD as well as the transcript of the said CD wherein she is heard conversing with the OP. It is seen that despite opportunity OP did not file its evidence and hence proceeded exparte. It is also seen that except the form of the complainant OP has not placed anything on record.
- OP has not controverted the allegations made by the complainant regarding deficiency in service i.e. the teaching methods, teaching material etc. In light of this, the allegations made by the complainant are uncontroverted and therefore the OP is directed to refund Rs.80,000/- to the complainant with interest @6% per annum from June 2019 till realization. OP is entitled to withhold Rs.10,000/- as registration fee and Rs.10,000/- for the lectures that the complainant has attended. This payment of Rs.80,000/- is to be made within three months from the date of pronouncement of order failing which the interest on the said amount would be 8% till realization.
Copy of the order be provided to the parties as per rules. File be consigned to record room. Order be uploaded on the website.
