IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

                         Friday the 25^th day of September, 2020.

                                      Filed on 21-08-2020

  Present

1. Sri.S.Santhosh Kumar  BSc.,LL.B  (President )
2. Smt. Smt.C.K.Lekhamma, B.A, LLB (Member)

In

CC/No.199/2020

   between

  Complainant:-                                               Opposite party:-

Smt.Simi Ashraf                                        Sri. Riyas Rahim

Kuttanathan Parambu                                Manager, Lakshya C.A.Campus

West of Police Station                               Adv.Eswar Iyer Road,

Punnapra P.O.                                            Pulleppady, Kochi- 682035

Alappuzha- 688004                                   (Party in person)

(Party in person)

ORDER

                                      C.K. LEKHAMMA (MEMBER)

       Brief facts of complainant’s case are as follows:-

       The opposite party is conducting online ACCA course.  On 24.07.2020 complainant contacted the opposite party and enquired about course for taking admission of her son Asif Ashraf.  The opposite party informed about the course that before taking admission they should provide 10 (ten) demo recorded classes. In accordance that they started demo classes on 15.07.2020, 16,07,2020 and 17.07.2020 respectively.  Thereafter informed that they will provide further classes only after the payment of entire fees.  Therefore, the complainant was forced to remit entire fee for intermediate level 2 of ACCA course.  The total fee is Rs.77,350/-(Rupees seventy-seven thousand three hundred and fifty only).  They say if willing to pay entire fee will get 10% discount ie, Rs.69,615/- (Rupees sixty-nine thousand six hundred and fifteen only).  The complainant paid Rs.69,615/- via google pay on 29.07.2020.  Consequently the said transaction opposite party provided demo classes on 21.07.2020 and 22.07.2020, 23.07.2020, 24.07.2020 and 27,07,2020 respectively and complainant’s son attended the same.  But it is found that ACCA course is tough and he is unable to follow the online classes and on 04.08.2020 informed the opposite party that complainant has decided to discontinue the course and requested to refund the fee, entrusted with them.  But opposite party is not willing to refund the cash.  Thereafter on 10.08.2020, 12.08.2020 and 14.08.2020 complainant contacted the opposite party and finally they informed that out of the amount of Rs.69,615/-(Rupees sixty-nine thousand six hundred and fifteen only) remitted by the complainant towards fee, Rs.58,500/- (Rupees fifty-eight thousand five hundred only) was taken as fees and the remaining amount is GST and therefore they will refund only 50% of Rs.58,500/-.

       According to the complainant at the time of admission her son was waiting for his B.com result therefore he had opted 2^nd level of ACCA course.  The registration for ACCA (UK based), certificate and mark list of B.com degree is necessary.  Hence in the absence of such certificates opposite party did not take any steps for registration.  Now the complainant needs to refund the amount remitted since she has to join her son in another course.  Hence the complainant filed the present complaint for getting relief from the opposite party.

2.    Complainant appeared in person and filed proof affidavit and marked Ext.A1 and A2 documents.  Opposite party has abstained from the proceedings of the commission despite the notice.

3.    Points for consideration are following:-

1. Whether complainant is entitled to get refund Rs.69,615/- (Rupees sixty-nine thousand six hundred and fifteen only) ?

2.   Compensation and cost if any? 

Point No. 1&2

       For avoiding repetition both points are considering together.  The undisputed facts of complainant’s case is that she paid Rs.69,615/- (Rupees sixty-nine thousand six hundred and fifteen only) towards fees of ACCA 2^nd level online course for her son, to second opposite party.  Ext.A1, Google transaction page evident that complainant paid Rs.69,615/- (Rupees sixty-nine thousand six hundred and fifteen only) to opposite party on 29.07.2020.  Ext.A2 bank statement belongs to the account of complainant’s son Asif Ashraf, in which on 29.07.2020 withdraw Rs.69,615/-(Rupees sixty-nine thousand six hundred and fifteen only).   According to the complainant opposite party informed that before joining said course they will provide 10 demo online classes only after the complainant have remitted the entire course fee.  On the contrary, after providing 2 classes they demanded entire course fee and complainant forced to pay the same.  Unfortunately her son could not follow the classes and they constrained to drop the course.  The same was communicated to opposite party and request to refund the amount who entrusted with them but opposite party did not turn up to refund entire amount received from the complainant. 

       The opposite party has been given ample opportunity to establish their case.  But they did not utilize the chance. Nothing is before us that opposite party have suffered any financial loss or any other difficulties with regard to the admission of complainant’s son.  The evidence of the complainant remained unchallenged.  Therefore we have no hesitation to hold that the complainant is entitled to get entire amount as Rs.69,615/- (Rupees sixty-nine thousand six hundred and fifteen only) from the opposite party.

       Moreover it seems that opposite party commit deficiency in service for that aspect also opposite party has to give compensation to the complainant.  Due to acts of opposite party, complainant caused to file this complaint hence she is entitled to get cost of the proceedings also.

       In the result we allow the complaint and direct the opposite party as follows:-

1. The opposite party shall refund Rs.69,615/- (Rupees sixty-nine thousand six hundred and fifteen only) within the time limit set out in the order as below, failing which the said amount shall carry 12% interest per annum from the date of complaint till realization.
2. The opposite party shall also pay Rs.5,000/- (Rupees five thousand only) as compensation and Rs.2000/- (Rupees two thousand only) as cost to the complainant.

The said order shall be complied within one month from the date of the receipt of copy of this order. 

Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 25^th day of September,2020.

                                            Sd/-Smt.C.K.Lekhamma (Member)

        Sd/-Sri.S.Santhosh Kumar (President)

Appendix:-

Evidence of the complainant:-

Ext.A1            -       Copy of Google pay transaction

Ext.A2            -       Copy of bank statement

Evidence of the opposite parties:- Nil

// True Copy //

To

        Complainant/Oppo. party/S.F.

                                                                           By Order

                                                                       Senior Superintendent

Typed by:- Sa/-

Compared by:-