Chandigarh

DF-II

CC/43/2020

Ankit Singla - Complainant(s)

Versus

Sri Chaitanya Educational Institute - Opp.Party(s)

Adv.Ankit Aggarwal

11 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	43/2020
Date of Institution	:	21.01.2020
Date of Decision	:	11.08.2022

 

                     

            

 

Ankit Singla, S/o Mr. Anupam Singla R/o H.No.2, Sector 18, Panchkula through his legal guardian/father Mr. Anupam Singla S/o Sh. B.D. Singla R/o H.No.2, Sector 18, Panchkula (Haryana).

....Complainant

Versus

 

1. Sri Chaitanya Educational Institute, A venture/Brand name of Varsity Education Management Pvt. Ltd., S.C.O.369-370, Sub City Centre, Sector 34-A, Chandigarh-160022, through its Authorized Representative.

 

2. Sh. Vikas Jamwal, Counsellor, Sri Chaitanya Educational Institute, A venture/Brand name of Varsity Education Management Pvt. Ltd., S.C.O.369-370, Sub City Centre, Sector 34-A, Chandigarh - 160022.

 

3.  Ms. Sunita, Co-ordinator, Sri Chaitanya Educational Institute, A venture/Brand name of Varsity Education Management Pvt. Ltd., S.C.O.369-370, Sub City Centre, Sector 34-A, Chandigarh - 160022.        

…. Opposite Parties

 

BEFORE:
	SMT.SURJEET KAUR,	PRESIDING MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	None for the complainant
	Sh.Sahil Matharu, Adv. Proxy for Sh.Amit Sharma, Adv. for the OPs.

 

   

 

PER B.M.SHARMA, MEMBER

1.     Briefly stated, the complainant has filed the present complaint through his father alleging therein that in December, 2018, he took admission in two years programme (IIT JEE) in the OPs Institute and total fee payable was settled at Rs.1,61,579/- out of which Rs.17700/- was required to be paid in December, 2018 itself and the remaining amount was required to be paid in 5 installments out of which three installments were required to be paid in 2019 itself i.e. 15.04.2019, 15.06.2019 and 15.08.2019 and remaining two installments were required to be paid in 2^nd year i.e. 2020 on 10.04.2020 and 10.06.2020. His father deposited an amount of Rs.17,700/- on 29.12.2018 against receipt and he was assigned admission No.191242078.The classes were started on 03.04.2019 and since the day of beginning the attitude, behavior and way of teaching of all the teachers of all three subjects was not upto the mark and they wanted all the students to listen their lectures without clearing their doubts.  It has further been averred that Mr.Nitesh Bharti, Physics Teacher was not interested in teaching the students as he always used to come late in the classrooms and mostly attended the class when the class time was about to over.  He made complaint in this regard to MS.Sunita Coordinator who assured that all the teachers will take all the doubts of the students and the students can also clear their doubts in the evening sessions during doubt classes.  However, the attitude of the teachers did not improve and even they refused to clear the doubts of the complainant during class timing. It has further been averred that an amount of Rs.26550/- was deposited on 14.04.2019 towards 1^st installment inspite of the fact that they were not happy with the teaching skills.  Since, the OPs-Institute failed to provide proper education to the complainant, therefore, he opted to shift to another institute and requested the OPs to refund the fess but till date, no response has been received from the OPs. The complainant also served demand notice dated 05.08.2019 upon the OPs but to no effect.     Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.   
2.     In their written statement, the OPs while admitting the factual matrix of the case has pleaded that the OPs have suffered huge loss due to the complainant’s suddenly leaving the coaching institute because he left in mid sessions and the seat could not be filled up and the students are not entitled to refund of fees if they withdraw mid-way in the course to their own whims and likings and that also without even giving any cogent reasons to the OPs to redress concern of the complainant’. It has further been stated that  they have supplied the material worth Rs.5500/- to the complainant and he took admission after enquiring about the reputation and success rate of the Institute from the market.  He attending the classes in the institute from 03.04.2019 to 06.06.2019 and after that he without any reason voluntarily left the institute and started asking for refund of the tuition fees.  The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.     The complainant filed rejoinder to the written reply of the Opposite Parties controverting their stand and reiterating his own.
4.     We have heard the Counsel for the OPs and have gone through the documents on record as well as written submissions of the complainant.
5.     From the documentary evidence on record and the pleadings of the parties, it is established that the complainant took admission in two years programme (IIT JEE) in the OPs-Institute by paying Rs.17,700/- as admission charges and the first installment of Rs.26,550/- was deposited  on 14.04.2019. It is apt to mention here that most of the institutes like the OPs used to attract the students for giving quality coaching with the assurance that coaching by their institute would enable the students to crack the entrance exams and other competitive exams. In the instant case, from the very beginning, the complainant has found number of deficiencies in the coaching i.e. teachers coming late and the teachers were not taking the doubts classes. The sincere intent of the complainant to get quality coaching is very much clear from the fact that he sought admission and happily paid Rs.17700/- towards admission charges and Rs.26550/- as first instalment. Had there been quality coaching and attractive atmosphere of studies in the OPs-institute then there was no need for the complainant to withdraw himself from the OPs-institute and shift to another institute. Thus, the deficiency in service on the part of the OPs is proved. Since, the complainant has received the studies material worth Rs.5500/- from the OPs-Institute and as such he is not entitled to refund of this amount.
6.        In view of the foregoing discussion, the complaint is allowed with a direction to the OPs to refund Rs.38,750/- (Rs.44,250/- minus Rs.5500/- as cost of study material) towards the tuition fees to the complainant.  The OPs shall also pay compository compensation of Rs.10,000/- to the complainant on account of mental agony and physical harassment as well as for the unwarranted litigation.
7.     This order be complied with by the OPs, within 30 days from the date of receipt of its certified copy, failing which the awarded amounts at Sr.No.(a) & (b) shall carry interest @ 9% per annum from the date of this order till actual payment.
8.    Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room

Announced 11/08/2022
	Sd/- (SURJEET KAUR) PRESIDING MEMBER
	Sd/- (B.M.SHARMA) MEMBER