Chandigarh

DF-I

CC/869/2022

VINAY KUMAR ATTAR - Complainant(s)

Versus

M/S INDIRA GANDHI INSTITUTE OF AERONAUTICS, - Opp.Party(s)

DEVINDER KUMAR

04 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/869/2022
Date of Institution	:	12/10/2022
Date of Decision	:	04/10/2023

 

Vinay Kumar Attar son of Sh. Ajay Kumar Attar, aged about 29 years r/o House No.1011, Phase-7, SAS Nagar, Mohali.

… Complainant

V E R S U S

1. M/s Indira Gandhi Institute of Aeronautics, SCO 491-492, 2^nd Floor, Sector 35-C, Chandigarh 160022 through its Branch Manager.
2. M/s India Gandhi Institute of Aeronautics, A1/175, 4^th Floor, Main Najafgarh Road, Near Janakpuri, West Metro Station, Opposite Metro Pillar No.612, Janakpuri, New Delhi-110058 through its Managing Director. 

… Opposite Parties

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

                                                                               

ARGUED BY	:	Sh.Devinder Kumar, Advocate alongwith Ms.Gurpinder Kaur, Advocate for complainant
	:	OPs ex-parte.

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Vinay Kumar Attar, complainant against the aforesaid opposite parties (hereinafter referred to as the OPs).  The brief facts of the case are as under :-

1. It transpires from the allegations as projected in the consumer complaint that in the month of July 2022, complainant approached OP-1 for coaching of Commercial Pilot Licence (hereinafter referred to as “subject course”). It was informed to the complainant by OP-1 that the complainant is required to get admission for one year course.  On the assurance given by OP-1, complainant agreed for admission in the institute of the OPs.  On directions of OPs, complainant paid entire course fee of ₹1,90,000/- to OPs through cheque (Annexure C-2) and ₹5,000/- in cash on 5.7.2022 and the OPs had issued tax invoice (Annexure C-1) to the complainant. As the aforesaid cheque could not be encashed, due to some technical reason, complainant paid the amount of ₹1,90,000/- to the OPs through NEFT on 7.7.2022 as reflected in the message (Annexure C-3). Though the subject course was to be started on 6.7.2022, but, on 11.7.2022 OPs sent a message that the subject teacher is not coming and the complainant should come to attend his classes from 12.7.2022. The complainant attended the classes w.e.f. 12.7.2022 to 10.8.2022, but, faced certain problems during the said period, as the teachers for coaching were not found expert in the field.  Accordingly, complainant requested the OPs that he wanted to discontinue the course regarding which he had sent a message (Annexure C-5) to Vineet on 10.8.2022 and also wrote letter dated 26.8.2022 (Annexure C-6).  Not only this, after that the complainant had even explained the difficulties being faced by him to the OPs through email (Annexure C-7), but, with no result. Thereafter the complainant was compelled to send a legal notice (Annexure C-8) to the OPs, but, to no avail. In this manner, the aforesaid acts of OPs amount to deficiency in service and unfair trade practice. OPs were requested several times to admit the claim, but, with no result. Hence, the present consumer complaint.
2. Pursuant to the notice issued by this Commission, OPs appeared through counsel and sought time for filing reply and evidence. However, on the adjourned date, neither anybody appeared on behalf of OPs nor reply and evidence were filed, therefore, they were proceeded against ex-parte vide order dated 16.3.2023.

2. In order to prove his case, complainant has tendered/ proved evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for complainant and also gone through the file carefully.

 

1. At the very outset, it may be observed that when it is an admitted case of the complainant that he had approached the OPs, who were giving coaching for the subject course, and had deposited an amount of ₹1,95,000/- with them as fee for one year course, which fact also stands proved from the tax invoice (Annexure C-1) and message (Annexure C-3) showing transfer of the aforesaid amount from the account of the complainant in favour of the OPs and further that the complainant had approached the OPs through written request (Annexure C-6) that he is not in a positon to continue with the subject course and made request to refund the fee and till date OPs have not redressed the grievance of the complainant, the case is reduced to a narrow compass as it is to be determined if the said act amounts to deficiency in service and unfair trade practice on the part of the OPs and the complainant is entitled to the reliefs prayed for in the consumer complaint, as is the case of the complainant.
2. As per case of the complainant, he had joined the subject one year course with OPs for which he had paid an amount of ₹1,95,000/- to them.  It is further case of complainant that due to non-availability of the expert teachers, he was compelled to discontinue the subject course, regarding which he made written request to the OPs vide letter (Annexure C-6) and sought refund, but, till date nothing has been done by them to redress his grievance. Thus, the aforesaid act of the OPs certainly amounts to deficiency in service and unfair trade practice on their part, especially when the entire evidence led by the complainant is unrebutted by the OPs.
3. In view of the aforesaid discussion, it is safe to hold that the complainant has successfully proved the cause of action set up in the consumer complaint and the present consumer complaint deserves to succeed. 
4. So far as quantum of refund and compensation to be awarded to the complainant is concerned, since admittedly he had continued with subject course for about 45 days, therefore, he is entitled to get refund of amount after deduction of proportionate amount of the period of coaching attended by him i.e. ₹1,95,000 – 24,375 = ₹1,70,625/- alongwith interest and compensation etc. for harassment suffered by him.

4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-

1. to refund the aforesaid amount of ₹1,70,625/- to the complainant alongwith interest @ 9% per annum from the date of filing of this consumer complaint i.e. 12.10.2022, till the date of payment.
2. to pay an amount of ₹5,000/- to the complainant as compensation for causing mental agony and harassment to him.
3. to pay ₹5,000/- to the complainant as costs of litigation.

5. This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, the payable amounts, mentioned at Sr.No.(i) & (ii) above, shall carry interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Pending miscellaneous application(s), if any, also stands disposed of accordingly.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 04/10/2023 hg			Sd/- [Pawanjit Singh] President
			Sd/- [Surjeet Kaur] Member