BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no. 249 of 2016                                                                         

                                                          Date of Institution         :    21.9.2016

                                                          Date of Decision   :    22.12.2017.

Mohar Singh son of Shri Purna Ram, resident of village Dhukra, Tehsil and District Sirsa.

                      ……Complainant.

                             Versus.

1. Rajasthan Defence Academy, Branch: Alwar- Tijara-Delhi Highway Road, Opp. Lords School, Alwar (Rajasthan), through its Principal.

...…Opposite party.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SH. R.L.AHUJA…………………………PRESIDENT

SMT. RAJNI GOYAT……………………MEMBER

SH. MOHINDER PAUL RATHEE …… MEMBER.   

Present:       Sh. K.R. Pilania,  Advocate for the complainant.

                   Opposite party exparte.

ORDER

                   The case of the complainant in brief is that representative of opposite party visited the village of complainant and contacted with the complainant and represented the op school and explained the activities of op for providing quality and disciplined education to his children for getting defence services. That the complainant highly influenced with representation made by the representative of op, admitted his son in the OP academy through representative of op at village Dhukra and made the payment to the representative of op at his village. That thereafter, the son of complainant started to join the classes but after few days of joining, the son of complainant noticed that the quality of education and facilities as promised by the op were not the same as were promised and assured at the time of admission and thus after attending only for 20 days, he discontinued the classes and came back to his village. Thereafter, the son of complainant took admission in Govt. National College, Sirsa at Sirsa in B.SC (Non Medical). It is further averred that since the son of complainant attended the classes only for 20 days and the op failed to provide the quality education and facilities to the complainant as promised, in this manner the op is indulged in unfair trade practice. So, the complainant is entitled to refund of the aforesaid amount of Rs.70,000/- deposited by the complainant with the op. That the complainant has demanded the refund of the aforesaid amount from the op on many occasion, but the op continued putting off the matter with one pretext or the other. Ultimately, the complainant got served a legal notice upon the op on 3.8.2016 but of no use. Hence, this complaint.

2.                Opposite party failed to appear despite notice sent through registered cover and therefore, op  was proceeded against exparte.

3.                The complainant has furnished his affidavit Ex.C1, copy of legal notice Ex.C2, postal receipt Ex.C3, copy of pamphlet Ex.C4, copy of statement of account Ex.C5 and copy of receipt of Govt. National College, Sirsa Ex.C6.

4.                We have heard learned counsel for the complainant and have perused the case file carefully.

5.                The complainant in order to prove his complaint has furnished his affidavit Ex.C1 wherein he has reiterated all the averments of his complaint. The complainant has also furnished copy of legal notice Ex.C2, postal receipt Ex.C3, copy of pamphlet Ex.C4, copy of statement of account Ex.C5 and copy of receipt of Govt. National College, Sirsa Ex.C6. It is proved on record that complainant deposited an amount of Rs.70,000/- with the opposite party on 8.5.2015. Since the op did not put appearance and opted to be proceeded against exparte, the evidence of the complainant goes as unchallenged and unrebutted. From the evidence of complainant, it is proved that complainant got admission of his son in the academy of op and he joined classes for only 20 days and thereafter left the academy of op and got admission in Govt. National College, Sirsa as the op failed to provide the quality education and facilities as promised by op. The complainant is entitled to refund of the amount of Rs.70,000/- after some proportionate deduction i.e. amount of Rs.6000/-.

6.                In view of the above, we allow the present complaint and direct the opposite party to refund an amount of Rs.64,000/- (Rs.70,000 minus Rs.6,000/-) to the complainant within a period of one month from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum from the date of order till actual payment. We also direct the op to further pay a sum of Rs.2000/- as composite compensation and litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.   

Announced in open Forum.                                                         President,

Dated:22.12.2017.                             Member      Member      District Consumer Disputes

                                                                                                  Redressal Forum, Sirsa.