Karnataka

StateCommission

A/2006/2018

Smt.Asha Jyothi - Complainant(s)

Versus

Smt.Neetu - Opp.Party(s)

Kumar A.Patil

24 Jun 2024

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
First Appeal No. A/2006/2018
( Date of Filing : 01 Dec 2018 )
(Arisen out of Order Dated 08/08/2018 in Case No. Complaint Case No. CC/166/2017 of District Dharwad)
 
1. Smt.Asha Jyothi
D/o S.G.Ramaiah, Aged about 21 years, Occ:Student, R/a Kalpavriksha Apartment, P.B.road, Opp.BVB campus, Vidyanagar, Hubli, Dharwad dist.
...........Appellant(s)
Versus
1. Smt.Neetu
W/o Bhaskar Habib, New look beauty parlour & Academy, Bhagyalaxmi complex, 3rd floor, Opp. Ramesh Bhavan, Keshwapur, Hubballi-580023 Dharwad Dist.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Ravishankar PRESIDING MEMBER
 HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER
 
PRESENT:
 
Dated : 24 Jun 2024
Final Order / Judgement

24.06.2024

BY SRI.RAVISHANKAR, JUDICIAL MEMBER

ORDER

          The Appellant/Complainant has preferred this appeal against the order dated 08.08.2018 passed in CC.No.166/2017 by District Consumer Dispute Redressal Commission at Dharwad.   

2.     Heard from Appellant.  The learned advocate for appellant submits that she admitted to the respondent institution for learning career in beauty called, “New Look Academy” and paid an amount of Rs.1,00,000/- on 24.08.2016.  After receipt of the said amount, the respondent instructed the appellant to come to parlour instead of teaching her properly the respondent never used to take classes on regular basis.  Inspite of assurance hence, she sought for refund of the said amount subsequently, the appellant filed a complaint for refund of the amount.  The District Commission has directed the respondent to provide classes and give certificate but, this appellant was not provided any classes, hence she joined another institution called VLCC Hyderabad to get training   hence, the order passed by the District Commission is requires to be set aside and prays for refund of the amount paid in the interest of justice and equity.

 

3.     Perused the certified copy of the order and memorandum of appeal and other documents produced before this Commission, we noticed that, the District Commission has given direction to provide the due classes of makeup and skin course and also directed to issue the course certificate, instead of giving directions to the respondent for refund of the said amount which was received at the time of admission for classes.  It was notices that, during course of that, this appellant had already taken admission in VLCC institution.  Hence the direction is given by the District Commission is not appropriate. As such the order passed by the District Commission is hereby set aside, we proceed to pass the following:

 

O R D E R

The appeal is allowed. 

The impugned order dated 08.08.2018 passed by District Consumer Dispute Redressal Commission at Dharwad in CC.No.166/2017 is hereby modified complaint is allowed.      

The Respondent is directed to refund an amount of Rs.1,00,000/- along with 5,000 litigation cost to the  Complainant within 30 days.

Send a copy of this order to both parties as well as concerned District Consumer Commission.

 

(Sunita .C. Bagewadi)                              (Ravishankar)                     

         Member                                           Judicial Member

ARD*       

 

                                                                   

 
 
[HON'BLE MR. Ravishankar]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi]
MEMBER
 

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