Order No. 2                Date : 10.10.2023

This is an application U/S 35 of the Consumer Protection Act, 2019.  The complainant files another application U/S 34 (2)(b) of the Consumer Protection  Act, 2019.  The Petition U/S 34 (2)(b) be treated as MA/510/2023. 

On a close scrutiny of the content of the MA it appears that the OPs- 1 to 4 and OPs-7 to 9 are residing out the jurisdiction of this Commission the OPs- 5 and 6 are running their business within the jurisdiction of this Commission.  The complainant  is also residing outside the jurisdiction of this Commission.  However the MA/510/2023 is considered and allowed and the complainant is permitted to file and moved the case against the OPs. 

Hence the MA/510/2023 is disposed of favourably to the complainant .

Now, let us taken up the admission hearing of the case.

On a close scrutiny of the materials of the record it appears that the complainant intends to admit her son for NEET preparation after his higher secondary examination and met contact with the OP-5 who was running a learning platform for NEET preparation. Then the complainant    paid the course fees by taking loan from OP-1.  But subsequently her son did not attend the learning course as stated above.  Then the complainant filed this case with a prayer to restrain the OPs-1 to 4 from making any claim in respect of the loan which the complainant taken from the OPs-1 to 4 to pay the course fees to the OP-5 and also prayed for refund of the course fees of Rs.75,000/- only.  But he failed to submit any supportive documents in respect of his claim either with the OPs-1 to 4 or with OP-5. Under such circumstances, this Commission is not in a position to admit the case because the complainant must prove his case prima facie to admit the same by giving cogent, believable and supportive documents which is lacking here thus, the case is not admitted and the petition of complaint is rejected at this stage.