Chandigarh

DF-II

CC/1102/2019

Akshay - Complainant(s)

Versus

Shivalik Institute of Para Medical Technology - Opp.Party(s)

In Person

10 Sep 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	1102 of 2019
Date  of  Institution	:	13.11.2019
Date   of   Decision	:	10.09.2021

 

 

 

 

 

Akshay s/o Sh.Attar Singh, r/o H.No.342, B-1, Dashmesh Colony, Pinjore

 

             …..Complainant

 

Versus

 

Shivalik Institute of Para Medical Technology, situated at 781/1,Govindpura, Opposite Kalagram, MHC Road, Manimajra, Chandigarh through its Director

 

    ….. Opposite Party

 

 

BEFORE:  SH.RAJAN DEWAN              PRESIDENT

         SMT.PRITI MALHOTRA             MEMBER

         SH.B.M.SHARMA                      MEMBER

 

 

For Complainant : Complainant in person

For OPs         : OP Exparte

 

PER PRITI MALHOTRA, MEMBER

         The case of the complainant, in brief, is that he took admission in B.Sc (Lab. Technologist) Course in OP Institute in April, 2018 for sessions 2018-19.  It is stated that the complainant attended the classes of said course in OP Institute but the atmosphere of the classes was not good and  the faculty members/teachers used to be changed by OP Institute frequently which hampered the studies.  The complainant sated to have paid an amount of Rs.80,000/- to the  OP Institute for the said course.  It is pleaded that after the end of sessions, when the complainant asked the OP Institute to supply him the Roll Number and date sheet of examination, the same was denied.  It is also pleaded that Madhav University, Sirohi, Rajasthan, with whom the OP Institute alleged to have recognition, had conducted the examination in April, 2019, whereas the OP Institute took the complainant and other students of the institute for examination at Madhav University, Sirohi, Rajasthan in June, 2019 and there were no students from any other institutes, which raises suspicion about the examination.  It is further pleaded that the complainant was never informed or supplied the roll number.  It is stated that owner of institute also keeps the original documents in their custody which is illegal.  It is also stated that due to the said deficient act & conduct as well as unfair trade practice adopted by the OP, the complainant not only lost his two precious years, but also suffer financial loss, mental & physical harassment.  Hence, this complaint. 

2]       The OP has put in appearance initially through Sh.Harish Bansal, Advocate on 24.1.2020.  Thereafter, neither the counsel for the OP nor OP, represented the present case despite of several opportunities nor filed reply & evidence, hence the OP was proceeded exparte vide order dated 25.8.2021.

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the complainant in person and have also perused the entire record.

 

5]       Ann.C-1 is copy of Identity Card of the complainant issued by OP Institute for course B.MLT for the sessions 2018-2021.  Ann.C-2 (Page No.10 to 12) proved the payment of Rs.60,000/- so made to the OP Institute for the said course.

6]       The complainant has duly proved his case by way of corroborative evidence and also filed duly sworn affidavit in support of the allegations set-out in the complaint, which goes unrebutted and unopposed from the side of the OP, who even after putting in appearance, did not pursue the case nor filed reply & evidence and preferred to be proceeded exparte.   

7]       It is observed that the OP by its willful absence has failed to rebut the allegations of the complainant by way of any documentary evidence; which raises presumption in favour of the complainant that the OP has nothing to contradict and the allegations of the complainant are indirectly admitted.  

8]       From the above discussion and findings, we are of the opinion that the deficiency in service has been proved on the part of OP. Therefore, the present complaint is allowed with direction to the Opposite Party to refund an amount of Rs.60,000/- to the complainant, as has been proved on record. The OP is also directed to pay an amount of Rs.15,000/- to the complainant towards compensation on account of mental harassment as well as litigation expenses. The OP shall also return the original documents, if any, to the complainant under proper receipt. 

         This order shall be complied with by the OP within a period of 30 days from the date of receipt of copy of this order, failing which it shall also be liable to pay additional cost of Rs.10,000/-.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.   

Announced

10^th Sept.,  2021                                                                                                                                                            sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

                                                                   Sd/-

 (PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER