Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(3) Anil Kumar Singh
Member
Date of Order : 27.07.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the remaining amount of Rs. 85,629/- to the complainant along with 18% interest.
- To direct the opposite parties to pay Rs. 50,000/- as Compensation.
- To direct the opposite parties to pay Rs. 10,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has filed this case on behalf of his grandson namely Apurva who is a young student and have passed the 10th standard. That brilliant tutorial i.e. opposite party no. 1 is engaged in coaching the student for IIT/JEE. The complainant’s grandson for the purpose of taking coaching had taken admission in brilliant tutorial (opposite party no. 1) after paying registration fee etc. as will appear from annexure – 1. Thereafter the complainant’s grandson took admission in the center after paying an amount of Rs. 20,000/- and thereafter Rs. 64,629/- as will appear from annexure – 2 and 3 and Identity card was issued to him.
The grievance of the complainant is that after receiving the amount of Rs. 85,629/- the brilliant tutorial situated at S.K. Puri, Boring Road, Patna has been closed without completing the entire course of the complainant’s grandson. The complainant thereafter lodged acomplaint with opposite party no. 1 and requested to refund Rs. 85,629/- as the opposite party no. 1 has not discharged his duty and left the grandson of the complainant in mids of his studies without completing the course. Complainant has also sent duly filled claim form to opposite party no. 2 through proper channel but till date no steps has been taken by opposite parties towards redressal of the grievance of the complainant’s grandson.
It is needless to say that it is well settled that if a center/institution is closed without completing the course of students then the students are entitled to refund of their fees.
From record it transpires that when the registered notice sent to opposite party no. 1 and 2 did not return unserved then vide order dated 28.08.2015 valid tamila was declared against opposite party no. 1 and 2 while the name of opposite party no. 3 stands expunged on the request of the complainant.
It further transpires that despite allowing several opportunities when the opposite parties did not filed written statement then vide order dated 13.06.2016 opposite parties were barred from filing written statement and this case was heard ex – parte.
It goes without saying that the complainant has asserted the aforementioned facts in complaint petition on solemn affirmation and there is no counter version of the opposite parties hence we have no option but to rely on the fact asserted by the complainant which clearly disclose deficiency on the part of opposite party no. 1 and 2.
For the reason stated above we direct the opposite party no. 1 and 2 to refund Rs. 85,629/- ( Rs. Eighty Five Thousand Six Hundred twenty Nine only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party no. 1 and 2 will pay 10% interest on the above said amount ofRs. 85,629/- ( Rs. Eighty Five Thousand Six Hundred twenty Nine only ) till its final payment.
Opposite party no. 1 and 2 are further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation cost within the above mentioned period.
Accordingly, this complaints stands allowed to the extent referred above.
Member President
