By Sri. MOHANDASAN.K, PRESIDENT

1.            The complainant is a postgraduate and he is preparing for civil service examination. He could see the publicity of the opposite party that they are providing off line classes as part of coaching. He contacted the opposite party and told that he is interested only in offline classes. Then the opposite party demanded 40,000/- rupees towards advance. But the complainant could raise only 10,000/- rupees since he is hailing from poor family. On negotiating with the opposite party, they agreed to remit 10,000/- rupees initially and directed to pay the balance amount within two weeks from thereafter. Accordingly, on 17/03/2021 the complainant transferred Rs.10,000/- rupees through Google pay to the account of opposite party. The opposite party had agreed to start the classes on 07/04/2021. But it was not commenced. Thereafter it was informed that the classes will be started on 19/04/2021.  But thereafter it was informed they are not conducting class room classes but they are prepared to provide online classes only. The complainant had informed the opposite party that he is not interested in online classes. The complainant contacted the opposite party and informed that if the opposite party is not prepared to provide class room classes the advance amount to be refunded to him.  Then the opposite party informed that the complainant can cancel the admission but they are not able to refund the remitted amount. Complainant repeatedly contacted the opposite party but the reply was that the director board had instructed not to refund the amount. Not only that the director responded to the complainant in a rude language and threatened to proceed legally.

2.         The complainant caused legal notice to the opposite party and the opposite party received the notice on 03/05/2021. But so far no reply is seen received from the opposite party. The attempt of the complainant to attend offline classes has been obstructed and due to non refund of the amount the complainant stands deprived from joining any other coaching centre. The complainant alleges act of the opposite party is unfair trade practice and he is entitled to refund the advance amount along with cost and compensation. He alleges due to the act of the opposite party he lost one year for effective preparation for civil service examination.

3.         On admission of the complaint notice was issued to the opposite party and the opposite party entered appearance, filed version denying the entire averments and allegations contained in the complaint. The opposite party submitted that they are providing class room classes from 2015 onwards. During the year 2020 due to the lockdown declared on the basis of covid situation the entire classes were conducted through online media during 2021. While lock down was withdrawn the opposite party declared and decided to start class room classes.  All the students who sought admissions in the course were informed that if the covid situation changes   they wont be able to conduct offline classes and will be shifted to online classes. Thereafter there was increase in covid cases and the opposite party decided to shift in to online classes. The opposite party submitted that there was no option for remittance of fees through instalments but considering the covid situation and financial crisis raised out of the same the opposite party provided option for remittance of fee through instalments and also decided to provide scholarship to eligible students. The opposite party likes institutions suffering from the covid situation. The opposite party establishment required to arrange necessary facilities to conduct online classes. The opposite party was bound to consider providing offline classes if the situation changes and mean while the opposite parties bound to provide rent towards the existing building. The opposite party had decided to begin the 2021 batch on 7^thApril. Several students including students from Trivandrum district got admission in the batch but that occasion election was declared. That situation parents of the students contacted the opposite party and informed the inconveniences to travel during the election period and the classes postponed to commence on 19^th April. Meanwhile number of covid cases increased and so the opposite party compelled to shift to online classes. The prescribed fee including GST was Rs.80,240/-. It was learned that the students are not able to pay the entire amount at a single stretch, it was permitted to remit registration fee of 10,000/-.The student was informed the said amount of 10,000/- was received as booking charge and in case the student is not interested to continue the course, it was informed not to be refunded. The complainant was agreed to pay the entire balance amount before starting the class. So the opposite party could not admit yet another student to that seat. The complainant failed to remit the fees and thereby violated undertaking and also cheated the opposite party. Due to such sort of response from the students the opposite party failed to provide assistance to the students. The opposite party had issued admission form to the students but it was not submitted after duly filling.  The opposite party intuition is a well known institution in the field of civil service coaching. The complainant questioning the bonofidies of the opposite party. The opposite party had reduced the number of students as 50%. Due to the act of the student the opposite party could not admit another student and thereby caused loss of admission fee of Rs. 80,240/-  to the opposite party institution. So the submission of the opposite party is to pay Rs. 80,240/- to the opposite party.

4.         The complainant filed affidavit and documents. Documents on the side of complainant marked as Ext. A1 to A3. Ext. A1 is copy of advertisement of the opposite party. Ext. A2 is copy of Google pay transaction dated 17/03/2021. Ext. A3 postal acknowledgment dated 03/05/2021.The opposite party did not file affidavit.

5.         The case of the complainant is that he remitted 10,000/-rupees to the opposite party as advance amount towards civil service coaching fee. The submission of the complainant is that he approached the opposite party seeing the advertisement that they are providing class room classes. But the opposite party could not provide offline classes and so he lost chance to get admission in any other coaching classes since he was hailing from poor family and thereby, he was not able to avail huge fee for the same. Hence, he approached this Commission directing the opposite party to refund the fee along with compensation and cost.

6.         The complainant produced three documents to establish his contentions. The opposite party though filed version no affidavit is seen filed. Filing of affidavit is the way of adducing evident before the Consumer Disputes Redressal Commission which is provided under section 38 clauses (6) of Consumer Protection Act 2019. In this complaint the opposite party not disputed the averments in the complaint. So it can be seen that the case of complainant stands proved.   There is no contra evidence against the contention of the complainant. So. in the light of fact and circumstances and documents 1 to 3, established the case of complainant. Unchallenged, and unopposed evidence of complainant stands proved. Hence, we allow the complaint as follows: -

1. The opposite party is directed to refund Rs.10,000/- (Rupees ten thousand only) the advanced amount towards the course fee.
2. The opposite parties also be directed to pay Rs.20,000/- (Rupees twenty thousand only) as compensation towards the hardship and inconveniences caused to the complainant due to the deficiency in service of the opposite party.
3. The opposite party is also directed to pay Rs.5,000/- (Rupees five thousand only) as cost to the complainant.

The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the above said entire amount will carry interest @ 12% per annum from the date of order till realization

Dated this 10^th day of June, 2022.

Mohandasan . K, President

PreethiSivaraman.C, Member

     Mohamed Ismayil.C.V, Member

APPENDIX

Witness examined on the side of the complainant: Nil

Documents marked on the side of the complainant: Ext.A1 to A3

Ext.A1: Copy of advertisement of the opposite party.

Ext.A2: Copy of Google pay transaction dated 17/03/2021.

Ext A3: Postal acknowledgment dated 03/05/2021.The opposite party did not filed  

affidavit

Witness examined on the side of the opposite party: Nil

Documents marked on the side of the opposite party: Nil

Mohandasan . K, President

PreethiSivaraman.C, Member

     Mohamed Ismayil.C.V, Member