BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complt. Case No : 54 of 2010

Date of Institution: 27.01.2010

Date of Decision : 24.05.2010

Navreet Kaur, #4963, Puncham Society, Sector 68, SAS Nagar, Mohali.

 ……Complainant

V E R S U S

1]       M/s New Horizons India Ltd., 59, Sector 7, Noida (U.P.) [Deleted vide order dated 26.04.2010.]

2]       New Horizons Computer Learning Centres, SCO No.16-17, Fourth Floor, Sector 34-A, Chandigarh 160034

.…..Opposite Parties

CORAM:          SH.LAKSHMAN SHARMA                           PRESIDENT

                    MRS.MADHU MUTNEJA                          MEMBER

PRESENT:      Sh.M.L.Dhawan, Adv. for complainant.

OP No.1 deleted

OP No.2 exparte

PER MADHU MUTNEJA, MEMBER

                    This complaint has been filed by Navreet Kaur, complainant who had joined the OP as a student for an Animation Course.  The complainant has prayed for refund of fee as well as compensation from the OPs on account of their deficient services.

                    The facts of the case in brief are as under:-

1]                 The complainant had taken admission in OP Centre for learning 3D Animation.  She had paid Rs.5000/- to OP as part fee vide Ann.C-II.  The course was for a three months duration.  However, the OP failed to provide proper education, practical work and training for the course.  Even the time for holding the classes was not fixed.  Sometime classes were taken in morning and some times in the evening.  Ms.Shika, the teacher appointed for the course also left the OP institute after only one week of teaching the complainant and thereafter no other teacher was appointed by the OP in her place.  The complainant kept going to the centre for attending classes for another week but when she realized that no new teacher had been appointed she stopped going to the institute.  The matter was taken up with Director of OP Centre but he also failed to do anything.  The complainant had no option but to leave the course and demand a full refund of her fee deposit of Rs.5000/- with the OP.  However, the OP refused to refund any fee amount. 

2]                 Notices were sent to both the OPs.  Since no one appeared on behalf of OP No.2, they were proceeded exparte on 15.3.2010.  On 26.4.2010 the ld.Counsel for the complainant addressed this Forum that the name of OP No.1 be withdrawn from the list of the OPs since he did not wish to proceed the complaint against them.  Since, OP No.2 was already exparte, the case was fixed for exparte arguments. 

3]                 We have heard the learned counsel for the complainant and perused the evidence led by complainant in support of her contentions.

4]                 At the time of arguments, the ld.Counsel for the complainant stated that since the offer pamphlet of the OP seemed very attractive at the time of admission, the complainant had very keenly joined the computer training course in Animation with the OP.  it is unfortunate that her dream remained unfulfilled and so much of her time was unnecessarily wasted.

5]                 In view of the above, we allow this complaint and give a direction to OP No.2 as under:-

i)             To refund the fee of Rs.5000/- paid by the complainant;

ii)            To pay Rs.5000/- to the complainant for deficiency in service as well as cost of litigation.

          This order be complied with within 30 days from the date of receipt of its certified copy, failing which the OPs shall jointly and severally pay the entire aforesaid amount of fee of Rs.5000/- along with interest @12% per annum from the date of its deposit/payment till the date of realization besides the cost of litigation.

                    Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

24.05.2010                                                                      Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                                                                  Sd/-

(MADHU MUTNEJA)

MEMBER

‘Om’