Tamil Nadu

North Chennai

CC/85/2021

S.Shankar - Complainant(s)

Versus

TG Course.Rep by its Regional Head - Opp.Party(s)

M/s.M.Urmila

05 Jan 2024

ORDER

 

Complaint presented on  :19.01.2021   

Date of disposal            :05.01.2024

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. G. VINOBHA, M.A., B.L.           : PRESIDENT

                                         TMT. KAVITHA KANNAN, M.E.,         : MEMBER-I

                                         THIRU V. RAMAMURTHY, B.A., B.L., PGDLA : MEMBER-II

 

C.C. No.85/2021

 

DATED THIS FRIDAY THE 5th DAY OF JANUARY 2024

 

S.Shankar,

No.B1/33 DABC Gokulam Phase II,

Sri Ram Nagar, Nolambur

Chennai-600098.                                                                 .. Complainant.                                                                         ..Vs..

TG Course

Represented by its Reginal Head Mr.Ashraf Ali

No.624, 2^nd Floor, Khivraj Building,

Thousand Lights, Anna Salai,

Above Bajaj Show Room

Chennai-600006.

 

 

(Also having Corporate Office T241, Tower 10, International Technology Centre, CBD Belapur, Navi Mumbai-400614)

 

          ...  Opposite party.

 

 

Counsel for the complainant                           : M/s.Urmila

Counsel for the Opposite party                       : Siva sangarane

                                               

 

 

ORDER

THIRU. G. VINOBHA, M.A., B.L., PRESIDENT

          This complaint has been filed by the complainant against the opposite parties under section 35 of the Consumer Protection Act, 2019 prays to directing the Opposite party to pass an award for a sum of Rs.1,00,000/- being the compensation for mental agony suffered by the minor child and the parents due to the deficiency in service with such expenses along with interest from the date of demand till the date of realization.

         

1.THE COMPLAINT IN BRIEF:

         The complainant’s daughter in order to pursue NEET coaching had contacted the opposite party over phone to join the course of NEET coaching for two years. Believing the opposite party’s representation subsequently the complainant’s daughter had attended the demo classes as well and felt convincing. The complainant’s daughter interest to join the classes and to pay the total fee amount of Rs.30,000/- The complainant had paid initially Rs.7500/- on 20.12.2020 and the balance amount was paid through the Bajaj finance as organized by the opposite party for a sum of Rs.22,500/- and the complainant holds proper proof for the same. The complainant submits that after paying the amount his daughter joined the classes through online using her login ID, she was shocked to see that classes were absolutely contrary to the study materials regarding NEET courses and the subjects, were also not to that standard. The complainant thereafter called few other parents in the whats app group formed by the opposite party to have clarification about the teaching materials and they also had the same complaint against the opposite party. The complainant states that he informed the coordinator of the opposite party Mr.Aravind his intention to discontinue the course and to refund the total amount of Rs.30,000/- but the opposite party had refused to refund the amount. Subsequently the opposite party had clandestinely removed the complainant’s daughter from the group and disabled the login credentials for no reasons. The complainant directly visited to the opposite party and had attempted to enquire Mr.Aravind and other staff members they also neglected to respond properly. The complainant had sent emails to the opposite party forthwith calling upon opposite party have to pay Rs.30,000/- due but they had deliberately protracted the matter. The complainant submits that he being aggrieved by the same, on 24.04.2021 issued a legal notice to the opposite party seeking refund of Rs.30,000/- being refundable caution with interest along with the cost of the damage and loss sustained and further the compensation for mental agony suffered by the minor child. Hence the complaint.

2. WRITTEN VERSION OF OPPOSITE PARTY IN BRIEF:

          The opposite party submits that the candidate impressed by the study materials and the coaching techniques had decided to join the NEET Course with the opposite party and thereafter the opposite party explained the fees structure to the candidate and also informed the finance arrangement for the course. Thereafter the complainant opted to choose finance from Bajaj Finance and as a pre condition paid a sum of Rs.7,500/- to the opposite party and arranged the balance amount of Rs.22,500/- through the Bajaj Finance. The opposite party further submits that as per the terms and conditions of the payments for the course, it is a pre-condition that if the candidate opted for finance scheme there will be no refund of fees. The opposite party further submits that though the candidate had received the user ID, password and login ID the complainant had not practiced the given materials and also not used the materials and other products available for her course. The complainant has been interacting with the other members of the whatsapp group and spreading dissatisfaction of the subject and the materials available on the website. The opposite party denies the allegations made in para 5 of the complaint and submit that when the candidate approached the opposite party in the month of February 2021 and asked for the refund of the fees, the opposite party clarified things and clearly mentioned that they would talk with the candidate and clarify her doubts and the student has not used the platform except for two or three times from the time of enrolment. During the 1^st week of March 2021 the complainant contacted the opposite party and stated that the course is not helping his daughter and upon further investigation it was again found out that the candidate did not use the platform for more than two times after the opposite party had discussion with her during February 2021. The opposite party denies the allegations made in para 6 & 7 of the complaint and submits that as the complainant made false and baseless allegations in respect of the classes, courses and subject materials. Due to the same the complainant started to make false allegations and to spread false news of the standard of the coaching of the course through whatsapp for which the situation became worsen the opposite party without no other option removed the complainant in the whatsapp group. The opposite party in respect of para 9 of the complaint and submits that the complainant by a legal notice dated 24.04.2021 raised baseless allegations on the opposite party and requested for the refund of the fees and however the opposite party by its reply date 27.04.2021 had denied the allegations and replied to the legal notice.

3. POINTS FOR CONSIDERATION:

1. Whether there is any deficiency in service and negligence on the part of the opposite party as alleged in the complaint?

2. Whether the complainant is entitled to the reliefs prayed in the complaint. If, so to what extent?

The complainant had filed written arguments, proof affidavit and documents Ex.A1 to Ex.A5 were marked on his side.The opposite party had filed written version, written arguments, proof affidavit and documents Ex.B1 to B4 were marked by the opposite party.

4. Point No.1:-

          1) The fact that the complainant’s daughter who was studying 11^th standard in order to purse NEET coaching for a duration of 2 years which was offered by the opposite  party through online platform has joined the course and paid Rs.7500/- initially on 20.12.2020 and paid balance amount of Rs.22500/- through Bajaj finance and she was allotted a login ID by the opposite party is not in dispute between the parties. But according to the complainant his daughter joined the course by assuming the course will be good as it was taught in demo class taken by the opposite party but contrary to the advertisement and assurance given by the opposite party she was shocked to see that the classes were contrary to the study materials regarding NEET course and the materials were substandard and many of the students have shown dissatisfaction towards the teaching materials and hence the complainant met the coordinator directly and also sent emails calling upon the opposite party to refund the fee paid by his daughter but they deliberately protected the matter and they neglected to respond properly therefore the complainant has sort for refund of the fee amount along with compensation.

          2) But on the other hand the opposite party contended  as per the terms and conditions of the payments for the course, it is a pre-condition that if the candidate opted for finance scheme there will be no refund of fees. The opposite party further submits that though the candidate had received the user ID, password and login ID the complainant had not practiced the given materials and also not used the materials and other products available for her course. The complainant has been interacting with the other members of the whatsapp group and spreading dissatisfaction of the subject and the materials available on the website. The opposite party denies the allegations made in para 5 of the complaint and submit that when the candidate approached the opposite party in the month of February 2021 and asked for the refund of the fees, the opposite party clarified things and clearly mentioned that they would talk with the candidate and clarify her doubts and the student has not used the platform except for two or three times from the time of enrolment. During the 1^st week of march 2021 the complainant contacted the opposite party and stated that the course is not helping his daughter and upon further investigation it was again found out that the candidate did not use the platform for more than two times after the opposite party had discussion with her during February 2021. The opposite party further denied the deficiency in service alleged in the complaint.

          3) In Ex.A1 is the receipt issued by the opposite party dated 20.12.2020 wherein it is found that the total amount for the coaching class collected by the opposite party is shown as Rs.30,000/- and further found from Ex.A2 which is Email dated 15.04.2021 which was sent by the complainant to the opposite party wherein it is alleged by the complainant that his daughter logged in to the course only for 2 to 3 hours and found that teaching materials are irrelevant to her course studies and requested for refund of the amount Ex.A3 is legal notice issued by the complainant and Ex.A5 is reply notice from opposite party wherein the same stand as taken in the written version was alleged by the opposite party.

          4) In Ex.B1 is syllabus for NEET exam which according to the opposite party was prepared by a well known educationalist covering the entire subject of medical examination and other exams. Ex.B2 is Whatsapp messages between the complainant and the opposite party and it is found on 17.02.2021 the complainant’s daughter expressed her dissatisfaction and alleged that the study material is totally different from school and she was confusing herself and on 21.02.2021 she alleged that she was not joining the session and requested to refund her fees and in one of the whatsapp message she has stated that she was not able to locate the topic in the tool and requested to help to find out those topics. Though it is alleged by the opposite party in the written version that the complainant has been interacting with the other members of whatsapp group and spreading dissatisfaction of the subject and materials available of the website there is no proof for the same similarly there is no evidence available on the side of opposite party that every attempt was made to clear the doubts of the complainant’s daughter by offering live sessions with tutors. It is found from Ex.B3 which is a progress chart monitor by the opposite party that the complainant’s daughter as not attended all the coaching classes conducted by the opposite party. the opposite party has filed Ex.B4 as additional document where in it is found that though there is a class in terms and conditions of the course enrollment slip that there will be no refund of fees in respect of fees paid through finance scheme the signature of the student or parent was not found in Ex.B4 therefore there is possibility that the terms and conditions regarding non refund of fees was actually brought to the notice of the complainant before joining the course. At any event it has been held in several decisions that imposing such a condition regarding non refund of fees by the coaching institutions and the training centres is highly unethical and will amount unlawful enrichment which was deprecated in the above said decisions admittedly the complainant’s daughter has attended only two sessions through the online platform provided by the opposite party and from the perusal of records it is found that the study materials were contrary to the study materials regarding NEET course and the materials were substandard and hence the complainant’s daughter decided to discontinue the course at the earliest point of time and sought for refund of amount which was denied by opposite party even after issue of legal notice by the complainant. It is further alleged by the complainant that the opposite party removed the complainant’s daughter from the whatsapp group and disabled the login credentials which is again an unfair trade practice by the opposite party for no valid reasons upon the complainant’s daughter. The complainant counsel in the written argument as well as in the course of argument contended that atleast proportionate charge for 2 or 3 classes as admitted by the opposite parties aloned has to be deducted and balance has to be refunded to the complainant and there is much force in such argument advanced by the complainant. The opposite party is not entitled to retain the entire fees amount for attending 2 or 3 classes alone which will amount to unlawful enrichment and unfair trade practice on the part of opposite party. The opposite party relied upon a decision reported in FIITJEE limited Vs doctor minathi rath dated 04.10.2006 SCDRC Delhi and also a decision reported in FIITJEE limited Vs Kanupirya dated 16.04.2013 SCDRC Delhi and prayed for deduction of proportionate amount and a direction for refund of balance amount. In the present complaint also the opposite party is liable to deduct only proportionate fees for the 2 classes which was admittedly attended by the complainant daughter and refund the balance amount to the complainant and non fulfilment of the same amounted to deficiency in service and unfair trade practice on the part of opposite party. Point No.1 is answered accordingly.

Point No.2:

           Based on the findings given to the PointNo.1, since there is unfair trade practice and deficiency in service is observed on the party of opposite party, the complainant is entitled for refund of Rs.25,000/- being the amount after deducting the proportionate charges for  attending 2 classes and also entitled for compensation of Rs.10,000/- for unfair trade practice and deficiency in service and also Rs.3000/- towards cost of the complaint.  Point No.2 is answered accordingly.

           In the result the complaint is partly allowed.  The opposite party is directed to pay to complainant Rs.25,000/- being the amount after deducting the proportionate charges for  attending 2 classes and also directed to pay compensation of Rs.10,000/- for unfair trade practice and deficiency in service and also Rs.3000/- towards cost of the complaint.  The above amount shall be paid to the Complainants within two months from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of order to till the date of payment.

Dictated by President to the Steno-Typist taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission on this the 5^th January 2024

 

MEMBER I                                  MEMBER – II                           PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1		Receipt of the opposite party payment
Ex.A2	15.04.2021	Email sent to the opposite party
Ex.A3	24.04.2021	Legal Notice issued by the complainant
Ex.A4		Receipt of the Legal Notice
Ex.A5	28.04.2021	Notice from the Opposite party

 

LIST OF DOCUMENTS FILED BY THE   OPPOSITE PARTY:

 

                            

Ex.B1		Syllabus for NEET exam
Ex.B2		Whatsapp Messages
Ex.B3		Student Progress Chart
Ex.B4		Course Enrollment Slip

 

 

MEMBER – I                         MEMBER – II                       PRESIDENT