DISTRICT CONSUMER DISPUTES REDRESSAL FORUM NORTH-WEST,
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 413/2016
D.No._____________________ Dated: ________________
IN THE MATTER OF:
ANUP SINGH NEGI,
S/o SH. VIRENDER SINGH NEGI,
R/o H. No. 33, BHAGIRATHI APARTMENT,
SEC.-9, ROHINI, DELHI-110085.… COMPLAINANT
Versus
.
M/s SAKURA INTERNATIONAL,
THROUGH THE PROP.,
Ms. SWETA LUTHRA,
331-332, POCKET-B-4, SEC.-8,
ROHINI, NEAR ROHINI EAST METRO STATION,
NEW DELHI-110085. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMAD, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 29.03.2016
Date of Decision: 03.10.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 on the allegations that the complainant took admission in N5 & N4 Level Courses for Japanese Language from OP and the fee of Rs.25,000/- for the said
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course as charged by OP was deposited by the complainant with OP which was acknowledged by OP vide issuing receipt. Thereafter, at the time of taking admission, OP made lucrative representation by assuring and promising to the complainant that OP has expert teacher for teaching the said N5 & N4 courses for Japanese language and disclosed the name of the said expert teachers and OP further represented to be good and reputed institution for the said courses and still maintain the same and OP also assured that OP’s faculty for Japanese Language for said N5 & N4 Level Courses was the best faculty because besides sound knowledge about language and teaching quality OP’s faculty improves confidence and interest of the student in the courses. The complainant further alleged that OP also promised and assured to the complainant that in case OP fails to fulfil its promises and assurances with respect to the quality and standard of teaching and classes for the courses or the complainant does not get confidence and interest in the courses or is not satisfied with OP’s faculty, OP will refund the entire fee to the complainant without any hesitation because it is a question of OP’s reputation and in order to get confidence of the complainant, OP allowed the complainant to take trial classes for the said courses which the expert has delivered. The complainant further alleged that being impressed upon OP’s assurances and promises, the complainant started the classes from the 1st week of January-2016 but the complainant was shocked to see the rapid change in
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faculty and there was no permanent and expert teacher and on alternative day there was a new teacher and the complainant as well as other students were completely confused and disappointed with OP’s manner and management in which the classes were being run and teachers were coming and going since the complainant has got nothing around 15 days. Thereafter, when the complainant asked about what was going on, OP lured the complainant saying that all the teachers who were come to teach had their difficulty and personal problems and also were not sound in knowledge but very soon good teachers would be teaching the complainant for the said course. The complainant further alleged that when nothing happened in the next some days the complainant again asked OP, then Ms. Shweta Luthra herself started to teach while Ms. Shweta Luthra was not expert for the courses as Ms. Shweta Luthra claims to be N5 Level pass out only and there was no satisfaction in her teaching and the complainant was totally disappointed and when the complainant raised his grievances and got OP remembered for the promises and assurances about quality and standard of teaching and classes and OP inversely alleged the complainant to be poor in IQ and confidence and having no interest in learning the courses and just blaming OP without any cause. The complainant further alleged that the complainant intimated OP that the complainant does not want to continue his courses further and the money paid by the complainant as fee be refunded as assured and
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promisedbut OP did not come forward to refund the fee of the complainant.After many requests and persuasion and considering its fault, OP only refunded Rs.6,500/- and till date OP has not refunded the entire fee to the complainant. Thereafter, the complainant sent a legal notice dated 18.02.2016 through his Counsel to OP. The complainant further alleged that the complainant approached OP for full fee refund but OP refused to refund the fees and the complainant suffered a lot of unfair trade practice by OP and there is deficiency in service on the part of OP.
2. On these allegations the complainant has filed the present complaint prayed for directions to OP topay a sum of Rs.79,050/- which includes Rs.18,500/- as the outstanding amount of the fee, Rs.550/- towards interest @ 18% p.a. till the date of filing of the complaint, Rs.50,000/- towards damages suffered due to deficiency in service and Rs.10,000/- as litigation cost to the complainant alongwith interest @ 18% p.a. both pendent-lite and future as well as compensation for causing mental pain, agony and harassment and the complainant also sought towards litigation cost.
3. Notice was issued to OP through speed post for appearanceon 25.05.2016 and Counsel for OP alongwith Sh. Mohit Chhikara, AR for OP appeared and filed authority letter on 25.05.2016 and sought time to file written statement and case was adjourned to 24.08.2016 and then for 24.10.2016 and then for 11.01.2017 and then for 21.02.2017 for filing of written statement/reply.But none
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for OP appeared on 24.10.2016, 11.01.2017 & 21.02.2017 and as such right to file written statement/reply by OP was closed vide order dated 21.02.2017.
4. In order to prove the case, Ms. Kiran Negi wife of the complainantas well as SPA holder of the complainant filed her affidavit in evidence and has also filed written arguments. The complainant has also placed on record copy of Fee receipt no. 162 dated 02.01.2016 for a sum of Rs.12,000/- issued by OP, copy of legal notice dated 18.02.2016 sent by the complainant through his Counsel to OP by Regd. A.D. Post and reply dated 29.02.2016 of the legal notice sent by OP to the complainant and his Counsel by Regd. A.D./Speed Post in which OP submitted that after 20% discount the course fee was settled at Rs.35,000/- and the complainant paid only Rs.25,000/- and balance amount of Rs.10,000/- was outstanding and when the complainant was asked to pay the said amount, the complainant made false stories being not well and sometimes family members of the complainant picked the phone and did not give satisfactory reply and the complainant of his own stopped attending the classes and OP further stated in reply that OP refunded Rs.6,500/- as the complainant attended the classes and study material had already been taken by the complainant from OP.
5. This Forum has considered the case of the complainant in the lightof the facts contained in the complaint, evidence of the complainant and documents placed on record. The case of the complainant has
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remained consistent and there is nothing on record to disbelieve the same. Despite giving opportunities by this Forum, OP has failed to file the written statement/reply and has not bothered to contest the case. It appears that OP has no defence at all in its favour. Accordingly, the complainant has successfully proved his case that OP has failed to provide quality coaching to the complainant and has indulged in unfair trade practice and there is deficiency in service on the part of OP.
6. In the light of above discussion, we are of the opinion that OP is guilty ofunfair trade practice and deficiency in service. We direct the OP is as under:
i) To refund to the complainant an amount of Rs.12,000/- being the proportionate fee as the complainant has attended some classes and has received study material from OP.
ii) To pay to the complainant an amount of Rs.5,000/- towards compensation for causing mental agony and harassment.
iii) To pay to the complainant an amount of Rs.2,100/- towards cost of litigation.
7. The above amount shall be paid by OPto the complainant within 30 days from the date of receiving copy of this order failingwhich OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from
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the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 3rdday of October, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
UPLOADED BY:SATYENDRA JEET
