Haryana

Karnal

CC/386/2023

Vishal Gupta - Complainant(s)

Versus

Rising India Academy - Opp.Party(s)

Suman

01 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 386 of 2023

                                                        Date of instt.14.07.2023

                                                        Date of Decision:01.05.2024

 

Vishal Gupta (age 35 years) son of Shri Rajnish Gupta, resident of flat no.A03, Block-A, Shisksha Niketa Vasundhra, sector-5, District Ghaziabad, presently residing at house no.1574, sector-6, Urban Estate, Karnal, Haryana, Aadhar no.3645-5693-8264.

 

                                               …….Complainant.

                                              Versus

 

1. Rising India Academy, # 249, Shakti Khand-III, Indirapuram, Ghaziabad-201014, Uttar Pradesh.
2. Pankaj, Co-Founder, Rising India academy, # 249, Shakti Khand-III, Indirapuram, Ghaziabad-201014.
3. Mohan Chaudhary, Management, Rising India Academy, # 249, Shakti Khand-III, Indirapuram, Ghaziabad-201014, Uttar Pradesh.

                                                                …..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.      

      Sh. Vineet Kaushik…….Member

      Dr.  Suman Singh…..Member

 

 Argued by: Ms. Suman, counsel for the complainant.

                    Opposite parties exparte.

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that the daughter of complainant namely Vianshi was studying in Rain Drop School, Ghaziabad and she had been doing well in studies and now as they had migrated to Karnal so she is studying in Karnal. The OPs no.2 and 3 approached the complainant for getting the admission of his daughter due to which they gave assurance to the complainant that if the complainant will get admitted his daughter in their academy, they will develop her mind skills and sharpen and enhance the working of her mind alongwith making her physique strong. On the allurement of the OPs, complainant would have to get the services of the OPs for teaching his daughter upto 3 years for which the complainant would have to pay Rs.89,834/- in 18 installments of Rs.5,000/- per month and OPs no.2 and 3 got admission of the complainant’s daughter after which they asked the complainant to pay the first installment. Accordingly, complainant’s bank paid the total amount of Rs.89,834/- through the credit account of the complainant to the OPs and since then the complainant started paying the installment of Rs.5000/- every month to his bank.              

2.             It is further alleged that at the time of enrolment of the complainant’s daughter, complainant indicated the OPs all the possible situations such as shifting to Karnal city or if child performance is not satisfactory, the OPs will be liable to refund paid to them till date, upon which they admitted in their reply of legal notice dated 10.06.2023. Since the day of the enrolment of the complainant’s daughter, the complainant have been started facing may issues in their services like cab timing, class timing and also in child performance activities. After getting admission in the academy of the OPs, complainant observed that the sudden change in the behaviour of his daughter that his daughter behaving abnormally and doing unusal things and being afraid, jittery day by day and started taking less and she started spending her most of time alone. After noticing the abnormal behavior of his daughter, complainant contacted the OP and talked about this typical behavior of his child and also asked about the status of her learning skills, upon which the OP pressurized the child of the complainant due to which the child became reluctant to go to the academy, which is totally unacceptable and unjustified act on the part of the OPs and when complainant demanded the paid amount from the OPs, the OPs assured the complainant to return the amount for which complainant has given an application on 23.05.2023 and also sent a reminder through email for refund on 24.05.2023. Thereafter, complainant demanded the aforesaid amount several times from the OPs but OPs always postponed the matter on one pretext or the other and started misbehaving with the complainant. Then complainant sent a legal notice dated 02.06.2023 to the OPs but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

3.             On notice, OPs did not appear despite service and opted to be proceeded against exparte, vide order dated 20.11.2023 of the Commission.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of legal notice dated 02.06.2023 Ex.C1, postal receipt Ex.C2, reply of legal notice Ex.C3, copy of email Ex.C4, copy of advertisement of OP Ex.C5, copy of payment receipt of Rs.80,000/- Ex.C6, copy of transfer/work from home order letter Ex.C7, copy of transfer letter of Vianshi Gupta Ex.C8, copy of approval form of OP dated 10.02.2023 Ex.C9,  copy of admission acknowledgment in school located in Karnal Ex.C10, postal receipt of notice Ex.C11 and closed the evidence on 31.01.2024 by suffering separate statement.

5.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

6.             Learned counsel for the complainant, while reiterating the contents of complaint, has vehemently argued that the daughter of complainant was studying in Rain Drop School, Ghaziabad and now they have migrated to Karnal, so she is studying in Karnal. Complainant would have to get the services of the OPs for teaching his daughter upto 3 years for which the complainant would have to pay Rs.89,834/- to the OPs. At the time of enrolment, OPs assured that if child performance is not satisfactory, the OPs will be liable to refund paid to them till date. Since the day of the enrolment the complainant observed that the sudden change in the behaviour of his daughter and after noticing the abnormal behavior of his daughter, complainant contacted the OPs and talked about this typical behavior of his child upon which the OPs pressurized the child of the complainant due to which the child became reluctant to go to the academy, which is totally unacceptable and unjustified act on the part of the OPs. Complainant demanded the deposited amount several times from the OPs but OPs did not pay the same and misbehaved with the OPs and lastly prayed for allowing the complaint.

7.             The onus to prove his version was relied upon the complainant. To prove his version complainant has placed on file his affidavit Ex.CW1/A, copy of legal notice dated 02.06.2023 Ex.C1, postal receipt Ex.C2, reply of legal notice Ex.C3, copy of email Ex.C4, copy of advertisement of OP Ex.C5, copy of payment receipt of Rs.80,000/- Ex.C6, copy of transfer/work from home order letter Ex.C7, copy of transfer letter of Vianshi Gupta Ex.C8, copy of approval form of OP dated 10.02.2023 Ex.C9,  copy of admission acknowledgment in school located in Karnal Ex.C10, postal receipt of notice Ex.C11, which have been perused by us. To rebut the evidence produced by the complainant, OPs did not appear despite service and opted to be proceeded against exparte. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same. Hence, the case of the complainant is well proved.

9.             The monthly tuition fees of the institution was of Rs.5000/- and daughter of complainant has availed the service of the OPs only for three months. This fact has also proved from the reply Ex.C3 of the legal notice Ex.C1 served upon the OPs by the complainant. Thereafter, complainant alongwith his family have shifted at Karnal. The OPs have charged Rs.89,834/- for the period of 18 months  but the daughter of the complainant has attended the course only for three months. In para no.8 of the reply of legal notice Ex.C3, OPs have alleged that complainant never asked for any refund. Hence, it would be justified, if the Rs.50,000/- out of the total paid amount is ordered to be refunded to the complainant.

10.           Thus, as a sequel to abovesaid discussion, we partly allow the present complaint and direct the OPs to pay Rs.50,000/- to the complainant, within 45 days from the date of receipt of copy of this order. It is made clear if the awarded amount is not paid by the OPs within stipulated period then this amount will carry interest @ 9% per annum from the date of announcement of the order till its realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced
Dated: 01.05.2024 

  President,       

District Consumer Disputes

Redressal Commission, Karnal.

 

                  (Vineet Kaushik)              (Dr. Suman Singh)

                      Member                             Member