BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.451 of 2023
Date of Instt. 15.11.2023
Date of Decision: 18.03.2024
Aditya Jain, Advocate, aged about 48 years, S/o Shri Abhay Jain, Resident of 256, Lajpat Nagar, Jalandhar (Pb.)
..........Complainant
Versus
1. The Director, Allen Career Institute, SIDDH, SCO-354-355, GF, Sector-34-A, Chandigarh (UT).
2. Mrs. Neena Dutt, Counselor, Allen Career Institute, SIDDH, SCO-354-355, GF, Sector-34-A, Chandigarh (UT).
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Anil Verma, Adv. Counsel for Complainant.
OPs exparte.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that on 07.07.2022, father of the complainant namely Shri Abhay Kumar Jain along-with Smt. Ruchika Jain, wife of the complainant visited the office of OP No.1 and contacted OP No.2 and discussed in detail regarding admission of his grand-daughter Ananya Jain, who also accompanied them for 10+1 Medical Coaching Classes. Shri Abhay Kumar Jain, father of the complainant also apprised the OP No.2 regarding his family being of Educationists as they own schools at Jalandhar affiliated with CBSE and PSEB in Medical and Non-Medical streams. Shri Abhay Kumar Jain, father of the complainant also told OP No.2 that he has brought his grand-daughter to Allen Career Institute for exposure and self-study in Medical stream. He also told the OP No.2 that his grand-daughter Ananya Jain is good in English and Math, as such, she is also interested to take Math as an additional subject in 10+1, which is also required for getting admission in good foreign universities. He specifically told the OP No.2 that Ananya Jain wants to study in the morning batch in the centre. The OP No.2 assured Shri Abhay Kumar Jain, father of the complainant that Ananya Jain is in safe hands and now it is the responsibility of the Allen Career Institute to properly guide and teach her and they should not worry at all. The OP No.2 told the father of the complainant that evening batch has started from 07.07.2022 itself and Ananya Jain should join the evening batch and in near future, she would be shifted in the morning batch. Believing the assurances given by OP No.2 and having no other alternative, Shri Abhay Kumar Jain, father of the complainant and his daughter had to agree to join in the evening batch of 10+1 Medical 03 Coaching Classes. The OP No.2 called all the teachers/professors, who were taking 10+1 Medical Coaching Classes, who discussed about the studies of Ananya Jain, daughter of the complainant, in detail and told the father of the complainant and his daughter that since she is taking Math as an additional subject, so it will not be difficult for her to understand Physics and Chemistry. The OP No.2 also asked the father of the complainant to immediately select a paying guest accommodation from the list provided by the Centre and to take admission thereafter. The OP No.2 also allowed Ananya Jain to attend both morning and evening sessions on 08.07.2022. Ananya Jain again reiterated that she wants to take admission in morning batch only, but the OP No.2 asked her to take admission in evening session as it has started on 07.07.2022 only and moreover, a lot of syllabus has already been covered in the morning batch. The teachers present there also assured Ananya Jain and her grand-father that they will remove her doubts in the morning and in extra time. The OP No.2 also repeatedly assured Ananya Jain and her grand-father that she shall be shifted to morning session very soon. Shri Abhay Kumar Jain, father of the complainant and his grand- daughter Ananya Jain were satisfied with the assurances given by OP No.2 and all the professors. In the evening of 08.07.2022, the OP No.2 told the father of the complainant to deposit the tuition fee of Ananya Jain and also told him that if they pay the entire fee then 5% concession will also be given to them and moreover, family of the complainant being educationists, shall get special concession from Kota and thereafter Shri Abhay Kumar Jain, father of the complainant was asked to deposit Rs.1,33,000/- by payee cheque or R.T.G.S., so he issued a cheque of Rs.1,33,000/- from his account, but the OPs refused to accept the cheque on the pretext that OPs accept cheques only from the account of father or mother of the student. As such, on 09.07.2022, the complainant went to Chandigarh from Jalandhar and deposited a cheque bearing No.000264 dated 09.07.2022 for Rs.1,33,000/- with the OPs. Ananya Jain was also accommodated in the PG. The cheque was encashed by the OPs. Ananya Jain, daughter of the complainant joined the institute of OPs in 10+1 Medical (22946087) in Evening Nurture Batch on 09.07.2022 on the insistence of OPs. After a few days, Ananya Jain informed the complainant and her grand- parents that she is unable to understand the pronunciation of Chemistry Teacher and his way of teaching is very fast. She also told the complainant and her grand-father that she is also facing a little bit problems in Physics, though there is no problem in Botany. Shri Abhay Kumar Jain, father of the complainant immediately rushed to Chandigarh and enquired about the difficulties being faced by his grand-daughter Ananya Jain in understanding the subjects and particularly in Chemistry. He also contacted her other batch mates of evening as well as morning batch and they also endorsed the opinion of Ananya Jain that they are also facing similar difficulty and problem in Chemistry subject. Shri Abhay Kumar Jain, father of the complainant met the OP No.2 and explained about the difficulties being faced by his grand-daughter, on which the OP No.2 assured him that she will talk to the Chemistry teacher and will sort out the problem very soon. In whole month of July, 2022, Ananya Jain continuously faced difficulty in Chemistry subject and a little bit in Physics too, so Shri Abhay Kumar Jain, father of the complainant again met the OP No.2 and she told that some difficulties come in the beginning and they should wait for the tests to be taken by the Institute and also assured him that she will take special interest in the studies of Ananya Jain, but to no effect. On 03rd August, 2022, Smt. Ruchika Jain, mother of Ananya Jain, received a massage on her mobile phone regarding the result of the first test of Ananya Jain conducted in Allen, but the complainant and his family members were not satisfied with the result as Ananya Jain got only 12 marks in Chemistry, 54 marks in Physics and 236 marks in Biology and in total she got only 302 marks out of 720. On 05th August, 2022, Shri Abhay Kumar Jain, father of the complainant again went to Chandigarh and met the OP No.2 and again told her about the difficulties being faced by Ananya Jain and apprised her that Ananya Jain do not want to further continue the studies due to the difficulties being faced by her from the very inception of the studies in the coaching classes, but the OP No.2 advised him not to quit and further assured him that Allen Institute will sort out the problem very soon. The OPs also told him that another morning batch is going to start within one or two days and Ananya Jain will be shifted in the morning batch. As per the advice of OPs, Shri Abhay Kumar Jain, father of the complainant deposited Rs.1,500/- as shifting charges from evening batch to morning batch on 10th August, 2022 and Ananya Jain started studying in morning batch. On 21st August, 2022 the second test was conducted of the same question paper and Ananya Jain got 540 marks out of 720, but the poor performance in Chemistry continued, so Ananya Jain lost her confidence and suffered mental trauma and went into depression and due to all these reasons, she decided to leave medical stream. Thus, Ananya Jain applied for the refund of the fees paid to the OPs for the session 2022 vide application dated 03.09.2022 and also attached the original fees receipts and attendance card with the said application and she also applied for refund of the fees through e-mail dated 04.09.2022. On 05.09.2022, an e-mail was received by Ananya Jain from Allen CDG mentioning that this case is out of policy already as Allen has its one month refund policy only and further it was advised to meet Mrs. Neena Dutt, OP No.2. Thereafter, the complainant sent an application dated 09.09.2022 to the OPs through e-mail with regard to review of the order dated 05.09.2022 for refund of money, but of no response. Thereafter, Shri Abhay Kumar Jain, father of the complainant met the OP No.2 and told her that Allen has wrongly refused to refund the fees on the plea of the case being out of one month refund policy. He told the OP No.2 a number of times that it is just because of OP No.2 that one month period lapsed because the OP No.2 time and again was assuring Ananya Jain, her parents and grand-father that she will sort out the problems being faced by Ananya in her studies. In this way, the OP No.2 kept on wasting the precious time of Ananya Jain and her family members and with a malafide intention the OPs refused to accept the claim of the complainant. This is nothing but an unfair trade practice on the part of OPs as they themselves kept on lingering on the matter beyond the so called one month refund policy period. It is pertinent to mention here that in the present case, being a special case, the alleged one month refund policy is not applicable, as Ananya Jain continued her studies in Allen Institute only on the repeated assurances given by OP No.2 for sorting out the problem, which ultimately turned to be futile, otherwise, Ananya Jain would have left the studies from Allen Institute much earlier. The OP No.2 by giving wrong reasons, admitted her in the evening batch against her wishes as she was very much interest in morning batch and thereafter also inspite of repeated requests made on time by Ananya Jain and by complainant and his father, the OPs instead of addressing the problems and difficulties faced by her, kept on giving wrong advice. Even otherwise, period of one month for applying for refund starts from 10th August, 2022, when Rs.1,500/- were deposited as shifting charges at the time when Ananya Jain joined the morning batch and not prior to that. The OPs have refused to refund the fees of Session 2022 to the complainant on very flimsy grounds to usurp the huge amount of fees deposited by the complainant, which is an unfair trade practice and deficiency in service on the part of OPs. The complainant even thereafter contacted the OPs several times for redressal of his grievances, but to no effect. Even otherwise such types of conditions are in itself unfair, unconstitutional and against the principals of natural justice, particularly when there is fault on the part of opposite parties. The OPs deliberately, mischievously and with malafide intention kept on lingering on the matter beyond the expiry of one month period with the sole motive to escape from the liability to refund the fee amount to the complainant, which is a true example of unfair trade practice on their part. The complainant suffered great mental tension, agony and harassment by the act and conduct of the OPs. The complainant also got issued a legal notice dated 27.09.2023 to the OPs for refunding the amount on account of course fees of his daughter Ananya Jain along with interest, but of no use and a false and frivolous reply dated 19.10.2023 was received by the complainant from OPs. The acts and conduct of the OPs has caused mental tension, agony and harassment to the complainant and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the amount of Rs.1,33,000/- and Rs.1500/-, total Rs.1,34,500/- along with interest @ 18% Per Annum and further Rs.2,00,000/- as damages for causing mental tension, agony, harassment and unfair trade practice, to the complainant along with litigation expenses and cost of Rs.25,000/-, as explained above and in the interest of justice and equity.
2. Notice of the complaint was given to the OPs, but despite service both the OPs were failed to appear and ultimately, both the OPs were proceeded against exparte.
3. In order to prove his respective versions, the counsel for the complainant has produced on the file their respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. The complainant has proved that the daughter of the complainant wanted to get coaching for 10+1 medical classes and they approached the OP No.2 for that purpose. He got the brochure of the OP Allen Career Institute and the same has been proved as Ex.C-2. The complainant was allured by the services, contents and the testimonials, methodology suggested in the brochure and he got the admission in the Allen Career Institute i.e. the institute of the OP No.2. They specifically asked the OP No.2 that the daughter of the complainant wants to study in the morning batch, but the father of the complainant, who accompanied the daughter of the complainant was told that the evening batch has started from 07.07.2022 and she should join the evening batch and she will be shifted to morning batch in the near future. The complainant has proved that the amount of Rs.1,33,000/- was given as fee to the OP No.2. The receipt has been proved as Ex.C-3 and she was given the attendance card which has been proved as Ex.C-4. The complainant has alleged that his daughter was not satisfied with the evening batch and she was shifted to morning batch. For shifting, she has to make the payment of Rs.1500/-, which has been proved as Ex.C-5. Again she was not happy and she moved applications on 03.09.2022 and 04.09.2022 informing the OPs that she was not understanding the Chemistry and Physics. Even after leaving the evening batch and joining the morning batch, she was unable to cop up with the issues as the morning batch had already covered with some of topics and sought refund of money, but OPs refused to refund the money, vide Ex.C-8. Ex.C-8 shows that they have refused to refund the money as the case is out of policy already.
6. All the facts have been proved by the complainant. Ex.C-6 and Ex.C-7 clearly proves that the daughter of the complainant was unable to understand the subjects being taught by the OP. As per Ex.C8 and Ex.C-2, the policy for refund was for one month. In the present case, the complainant firstly got the admission on 07.07.2022 in the evening batch and thereafter she was shifted to morning batch on 10.08.2022 as per the receipt Ex.C-5. So the cause of action arose on 10.08.2022 when she was shifted to morning batch and the policy started to run from 10.08.2022. The daughter of the complainant moved an application for refund of fee giving the intimation to the OP No.2 that she is unable to cop up with the issues, which have already been covered by the OPs and due to non-copping of those issues, she has undergone stress and depression. These letters are Ex.C-6 and Ex.C-7 dated 03.09.2022 and 04.09.2022 respectively. So, the request for refund was made within the validity of month as per their policy.
7. The OPs have charged the fee for providing the services as per the brochure to the complainant, but they have failed to provide the services despite charging the hefty amount for giving coaching, but remained unable to satisfy the student, therefore, there is unfair trade practice and deficiency in service on the part of the OPs as they did not care to satisfy the student and resolve the issue of the daughter of the complainant and thus, the complainant is entitled for the relief.
8. In view of the above detailed discussion, the complaint of the complainant is partly allowed and OPs are directed to refund the fee of Rs.1,33,000/- and Rs.1500/-, which comes in total Rs.1,34,500/- with interest @ 6% per annum from the date of deposit, till its realization. Further, OPs are directed to pay a compensation including litigation expenses for causing mental tension and harassment to the complainant, to the tune of Rs.30,000/-. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Dr. Harveen Bhardwaj
18.03.2024 Member President
