DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.124/19
Mukesh Anand
R/o B-607, 6th Floor, Rainbow Apartments
Raheja Vihar
Opp. Chandival Studio
Powai
Mumbai-400072. .…Complainant
VERSUS
Sudeva Sports Pvt. Ltd.
A registered Company incorporated & registered
Under the provisions of Companies Act
Having its office at E-5, 2nd Floor, Defence Colony
New Delhi-110024.
Also At:
21, Raj Niwas Marg, Civil Lines
New Delhi.
Represented by its Director Anuj Gupta. ….Opposite Party
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Date of Institution:02.05.2019
Date of Order :18.12.2023
Member: Shri U.K.Tyagi
Complainant on behalf of his minor son, Aalaap Seshanand has requested to pass an award directing M/s Sudeva Sports Pvt. Ltd. (hereinafter referred to as OP) (i) to refund the amount of Rs.1,11,667/- alongwith interest @18% per annum; (ii) to pay a compensation of Rs.5,00,000/- towards mental agony etc.; (iii) to compensate the loss of academic time suffered by the word of complainant to the tune of Rs.5,00,000/-; (iv) to pay Rs.55,000/- towards litigation cost etc.
Brief facts of the case are as under:-
Upon posting of selection trial advertisement on their web-site and social media page by OP for selection of young footballers for training at their academy in Delhi, the complainant’s ward applied for registration and admission at Sudeva Residential School. The OP had a tie-up with Modern School-Barakhamba Road, New Delhi. If the applicant was selected in Sudeva Sports Academy and would pursue their academic curriculum in Modern School. In the first week of July, 2018, son of the complainant came to Delhi all the way from Mumbai for trial. The complainant’s son was selected to undergo training at Sudeva Sports Academy, New Delhi. Pursuant to this, an amount of Rs.1,11,667/- was paid by the complainant. A contract was entered into between Sudeva Sports Pvt. Ltd. and Aalaap Seshanand(Minor) through his father Mukesh Anand i.e. complainant. In terms of “Player Contract” entered between the parties, a total yearly fee for residential academy was shown Rs.3,50,000/- which included boarding, lodging, fitness training and football training. The ward of the complainant was given scholarship based on his present talent and growth anticipation to the tune of 30% of the annual fee. As such, annual fee was required to be paid Rs.2,45,000/- and a sum of Rs.1,11,667/- towards part payment and submitted two post-dated cheques dated 30.10.2018 and 30.01.2019 each for Rs.81,667/-.
Aalaap Sheshanand joined the academy on 30.07.2018. After few days, Aalaap started experiencing complete mismanagement in said Academy. In first week of August 2018, some of his belongings like mobile charger new towel, laundry bag, 3 pairs of stockings etc. went missing. It was reported to the hostel wardens and other authorities. On 16.08.2018, Aalaap was subjected to bullying by a few of his dormitory mates. These mates started harassing by body shaming and asking him to return to Mumbai as he was no good. One of these mates, hit him with his slippers repeatedly. When the complainant spoke personally to Mr. Dinesh Negi of the Academy who was Team-Incharge. After verifying through, CCTV, the boys admitted the same. Mr. Negi assured the complainant to adhere to the discipline in Academy and would ensure that same does not happen again. The mates living in dormentories, continued using vulgar and filthy language. When Aalaap was having bath, two students entered his bathroom and forced to see their private parts. The incident was reported to the complainant. The same incident was taken up with Mr. Negi and other Management staff. They brushed off the incident and issues by saying that some time, the children indulged in “grassroot cultures etc.” The repeat offence had such a deep scar on Aalaap’s psyche that the complainant was compelled to pull his ward out of academy. The complainant wrote to Directors of the Academy. The complainant sent two e-mail dated 21.08.2018 & 23.08.2018 to Anuj Gupta and Vijay Hakari, Directors of Academy about repeat incidents, Aalaap’s stress and trauma and decision to withdraw him from Academy. Neither said directors nor any other from Academy took pain to make a formal communication to the complainant. The complainant again wrote e-mail on 22.07.2018 expressing his dismay and deep sense of pain on account of callous attitude of Academy’s Management. Aalaap was not even enquired together the first hand knowledge of the incidents. It spoke volume about the callous management and high level of apathy on the part of academy. The complainant wrote e-mail on 04.09.2018 requesting to refund the fee deposited. Mr. Vijay Hakari, spoke to the complainant on his mobile and agreed to refund the fee deposited by 15.09.2018 once Mr. Anuj Gupta returned from trip-abroad. No response in writing was received from OP. Meanwhile the complainant applied for refund of fee to Modern School with whom Sudeva has an arrangement of admission through football trial. Modern School displayed utmost professionalism and earnestly refunded the fee within 4 days of submitting the request. The complainant had requested Sudeva Sports Academy and its Directors Ajun Gupta to return the two post dated cheques dated 30.10.2018 and 30.01.2019. Mr. Dinesh Negi wrote e-mail to the complainant stating that fee was being delayed due to travelling of Directors till 12.09.2018 and fee would be refunded latest by 15.09.2018.
The complainant sent a reminder on 12.08.2018 via e-mail. But the request of the complainant had fallen deaf ears. On 22.11.2018, the complainant received a mail from Academy informing that the management had decided to refund an amount of Rs.61,667/- after making deduction of Rs.50,000/-. However, no reason was quoted nor any clause states so. Moreover, Aalaap did not leave the Academy at his own but was forced to leave it.
The deduction so made arbitrary despite the ward of the complainant suffered deep psychological scar due to verbal and physical abuse.
The complainant had filed its written submission and evidence in affidavit. OP was proceeded exparte. Arguments were heard and concluded.
This Commission has gone into the entire material placed on record. Since OP was exparte, the averment/contention/documentary evidences goes unchallenged. The complainant had placed on record the contract extended between Aalaap through the complainant being natural guardian and OP which referred the “residential Code of Conduct:. The relevant provision states that Residential student should report any act of violence, threatening behaviour, verbal abuse harassment, offensive language or conduct of a criminal nature. None of these is found threatened by the OP despite duly reported to the Management of the Academy.
In accordance with the above, Aalaap reported the incidents to his father and thereafter, the complainant reported the incidents to all concerned. No corrective steps were taken by either of the concerned. The conduct of dormatries mates forced Aalaap to leave the Academy. As contended by complainant that the deduction so made was wrong and illegal. Aalaap was made to leave the Academy. He did not leave voluntarily. If it had not been so, deduction could have been found justified. In the circumstances, the OP is liable for negligence and amounts to deficiency of service.
In view of the facts and circumstances and discussion held above, this Commission is of the considered view that OP is deficient in service and negligent. The deduction was unjustified. Accordingly, OP is directed to pay the whole amount of Rs.1,11,667/- along with interst @ 5% per annum from the date of filing of the complaint in this Commission, to be paid within three months from the date of receipt of the order failing which interest @7% on the said amount shall be levied till its realisation. Additionally Rs.10,000/- in all as compensation is also awarded.
File be consigned to the record room after giving copy of the order to the parties as per rules.
