Chandigarh

DF-I

CC/885/2022

NITYA NANDAN GARG - Complainant(s)

Versus

POSSIBLE EDUCATION PRIVATE LIMITED - Opp.Party(s)

VAIBHAV GUPTA

03 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/885/2022
Date of Institution	:	21/10/2022
Date of Decision	:	03/05/2023

 

1. Nitya Nandan Garg, aged 16 years, S/o Sh.Sanjay Garg through his father Sanjay Garg.
2. Sanjay Garg F/o Nitya Nandan Garg, both residents of House No.1102, Sector-7, Panchkula, Haryana.

… Complainants

V E R S U S

1. Possible Education Pvt. Ltd. having its registered office at 25-B, First Floor, Ashok Marg, Sikander Bagh Crossing Hazratganj, Lucknow, UP-226001.

     Email Address: arun@clatpossible.com.

2.  Sh.Satyam Shankar Sahai, Chairman Clat Possible.
3. Surabhi Modi Sahai, Director, both Directors of Possible Education Pvt. Ltd. having its registered office at 25-B, First Floor, Ashok Marg, Sikander Bagh Crossing Hazratganj, Lucknow, UP-226001.
4. Clat Possible Centre, O/o Possible Education Pvt. Ltd. SCO 309-310, Second Floor, Sector 35-B, Chandigarh through its Incharge Jeetendra Brar.
5. Ms.Nidhi Mahajan
6. Mr.Jeetendra Brar

(Email:jeetendrabrar@possibleeducation.com.)

     Both Employees/Centre Incharge at Clat Possible Centre, O/o Possible Education Pvt. Ltd. SCO 309-310, Second Floor, Sector 35-B, Chandigarh.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	None for Complainants.
	:	Sh.Viren Sibal, Counsel for OPs.

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant No.1 is a minor and is an aspirant for admission to LL.B. course in National Law Universities in India. The complainants availed the services of the OPs for coaching for CLAT enterance examination for admission to LL.B. course in National Law Universities in India. The OP No.5 assured the complainant/his parents of best coaching classes on behalf of CLAT Possible and told that classes will be conducted for two years from June 2021 to June 2023. The complainants had paid a sum of Rs.1,00,000/- to the OP No.5 (Annexure C-1 & C-2). From the very beginning, the services of the OP No.5 were not upto the mark. The employees of the OP No.5 did not provide the study material despite several requests. It is also submitted that on each and every occasion it has been informed to the complainants by OP No.5 that they have not received the study material from their head office. In the meantime, the CLAT Possible exam which was scheduled to be held in June 2023, was preponed to be conducted in December 2022.  Further, when the complainant asked for the refund for the period from December 2022 to June 2023, the Ops have refused to refund the fees paid for the said period and the complainants were told that the extra classes and best coaching will be provided and the students will be compensated with more effort and hard work by teachers because of the preponement of the CLAT Exam. However, the OPs stopped giving further coaching from expert teachers, but only appointed an ex-student who is not even graduate. When the complainant No.1 objected to the same, the OPs flatly refused to give further coaching to him, where as only two months were left in the CLAT exam. Hence, is the present consumer complaiant.
2.     OPs contested the consumer complaint, filed its written reply and stated that the complainants are very well aware that only CLAT examination has been preponed to the month of December 2022. All the other entrance exams are still scheduled till May 2023 and the complainant number 1 will continue to attend the classes for the preparation of those entrance exams. Therefore, the question of refund of fee does not arise. It is further submitted that the study material was being provided to all the students at the same time, complainant No.2 has also received whatever study material that was present including the purple book which was the bone of the contention (Annexure R-3). It is also submitted that the complainant No.2 himself who has been very proficient and actively clearing the doubts of the complainant No.2. At this stage, it can also be pointed out that this non-graduate was not a teaching faculty, but only to support individual to show and demonstrate that the students can indeed clear the CLAT exam and be a part of the premier Law Institute of India. On these lines, the case is sought to be defended by the OPs.
3.     Rejoinder on behalf of complainants not filed despite of the opportunity given. Hence, opportunity to file rejoinder was closed by order of this Commission.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the OPs and gone through the record of the case.
6.     On perusal of the complaint, it is observed that the main grievance of the complainants is that inspite of making request for refund of six months fees, due to preponement of CLAT exam by six months the same was not refunded and the coaching was being provided by the students who were non-graduate and were not on the panel of faculties of the OPs.
7.     It is observed from the para 6 of the reply on merits of OPs that they were aware of the fact that CLAT exam was preponed to December, 2022 and were in receipt of request of refund of fees for the reduced period of coaching for CLAT by six months and the request of the complainant was not acceded to and rather he was forced to continue the classes. By non-refunding of fees for a period of six months the OPs have indulged in unfair trade practice. The amount for six months works out to be Rs.25,000/-. Moreover, the OPs have failed to adduce any documentary evidence, that the list of faculty includes ex-students as well. Hence, by not arraning the coaching from expert teachers, the OPs are deficient in providing the services.
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund fee of six months i.e., an amount of ₹25,000/- to the complainants alongwith interest @ 9% per annum from the date of filing of this complaint till realization.
2. to pay an amount of ₹10,000/- to the complainants as compensation for causing mental agony and harassment to them;
3. to pay ₹7,000/- to the complainants as costs of litigation.

9.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
03/05/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member