DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.01/2015
Sh. Nikhil B Singh
S/o Sh. G. B. Singh
R/o B-220, FF-2,
Vasant Kunj Enclave, Nagal Devat,
New Delhi-110070
3rd Floor, B-101,
Gali No.5, Krishna Nagar,
Safdarjung Enclave, New Delhi ….Complainant
Versus
New Horizons Computer Learning Centre,
Lodhi Road, New Delhi
Ground Floor, South Wing,
NBCC Place, Lodhi Road
(Adjacent to Jawaharlal Nehru Stadium),
New Delhi-110003 ….Opposite Party
Date of Institution : 06.01.2015 Date of Order : 09.10.2018
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Naina Bakshi, Member
Briefly stated, the case of the complainant is that the complainant is a unemployed person and struggling for job and he had enrolled with the OP on 12.06.14 for train of ‘dot net’ (NET) module which is a joint venture between the OP, USA and Shriram Group of India and OP having its office at A-12, Sector-59, Noida (U.P.). As per the advice of the OP’s representative Ms. Neeru Saini Course Counselor at Delhi office to peruse the course at Bengaluru Centre at Manipal, Bengaluru. She telephonically contacted Sh. Prakash Nayak Course Counselor of Bengaluru Centre and informed his enrollment and transfer of his fee to the Bengaluru Centre. The complainant also contacted Sh. Prakash, he assured him the quality training for the said course at Bengaluru Centre which was to be started from 26.06.14. The complainant submitted the full course fee and book-ware fee including all mentioned taxes in advance an amount of Rs.20,675/- through cheque No.020260 of Canara Bank. The complainant reached by spending own expenses on 23.06.14. The Course Director informed him that the course will be started within 1 or 2 days. But after visiting continuously for 4-5 days the complainant was informed that the instructor had already been transferred to the Chennai and there is no instructor for the said course. The complainant informed the headquarter of the OP through email/call but no reply was received from the OP. The complainant stayed in Bengaluru for 15 days and continuously contacting the OP at Bengaluru Branch but no reply was received and he had spent Rs.10,000/- for his stay and food (excluding travelling expenses). When no reply was received from the OP. The complainant returned back to Delhi and contacted OP and requested vide emails dated 10.07.14 and 28.08.14 to refund the fee of Rs.20675/- since the training for which he had paid the fees was not arranged for him but neither the reply was given by the OP nor the fee was returned to the complainant. It is submitted that the complainant is not only cheated by the OP but also mentally tortured. Hence, pleading deficiency in service on the part of the OP the complainant has filed the present complaint for issuing direction the OP to refund the fee of Rs.20,675/- paid by the complainant for the “dot-net” course plus Rs.50,000/- (accommodation + fooding + travelling) + compensation for the mentally harassment faced due the acts of the OP.
On 04.03.15 the AR of the OP appeared and the copies of the complaint and the accompanying documents were given to him for filing the written statement. Thereafter, none appeared on behalf of the OP therefore, OP was accordingly proceeded exparte vide order dated and 08.07.15.
The complainant has filed his affidavit in exparte evidence and written arguments.
We have heard the arguments on behalf of the complainant and have also gone through the file very carefully.
OP has the knowledge about the filing of the complaint but did not chose to contest it.
The complainant has filed the various emails sent to the OP. We mark the same as Annexure-A for the purposes of proper identification. The complainant filed the receipt/invoice issued by the OP as Annexure-B for an amount of Rs.13575/-, Rs.5100/-, Rs.700/- & Rs.300/-, totalling of Rs.19,675/-. The complainant has placed on record the railway ticket dated 22.06.14 which shows that the complainant had gone to Bengaluru to join the classes of the OP at Bengaluru. We mark the same as Annexure-C for the purposes of proper identification. The complainant vide email dated 03.08.14 requested the OP that“ At Bengaluru I lived for around 21-22 days, spent money on fooding, traveled around the city to search PG, paid money for PG & lived in guesthouse as well just to pursue course. I was totally in a shock, what to do and where to go. Now I don’t want to pursue any course with New Horizon as I have been harassed a lot and have spent thousands (Rs.10,000-12,000/-) of money in Bengaluru without achieving anything, just because of mismanagement of New Horizon.” We mark the same as Annexure-D for the purposes of proper identification.
Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
It is evident from the record that the complainant took the admission with the OP and paid an amount of Rs.19675/- to the OP for the course “DOT NET”. It is clear from the ticket submitted by the complainant that the complainant visited the Bengaluru centre of OP vide ticket dated 22.06.14. The emails sent by the complainant to the OP wherein he had informed the OP that he had visited the Bengaluru for attending the classes but no instructor was available and ultimately he had to return back to Delhi. The complainant contacted the OP to refund the money but the OP failed to refund the money or start the classes at Delhi or Bengaluru. As the OP could not start the classes at Delhi as well as Bengaluru and not refunding of the fees paid by complainant without any reason amounts to unfair trade practice on behalf of the OP.
Accordingly we allow the complaint and direct the OP to pay an amount of Rs.19675/- alongwith 7% interest from the date of filing of the complaint till realization and to pay Rs.10,000/- towards mental agony and harassment undergone by him within one month from the date of receipt of copy of this order failing which the OP shall pay interest @ 9% per annum on the above said amount of Rs.19,675/- from the date of filing of the complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter files be consigned to record room.
Announced on 09.10.18.
