OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C. 82/14
Present:-
1)Md.Sahadat Hussain, A.J.S. - President
2)Sri U.N.Deka - Member
1. Smt.Kabita Bakht
D/o.Late W.Bakht,
R/o Rajdhani Masjid Road,
House No.11. P.S.-Dispur,Guwahati-6
District: Kamrup (Metro),Assam - Complainant
-vs-
The Director,Focus Coaching Institute,
Kay’m Plaza,3rd Floor,Ganeshguri,
Opp.Dispur Petrol Pump, Dispur,
Guwahati - 781006
District: Kamrup (Metro), Assam - Opp.Party
Appearance-
The complainant herself forwarded her argument.
None for the opp.parties.
Date of argument- 20.4.2016
Date of judgment- 5.5.2016
Exparte Judgment
1) This is a proceeding u/s 12 of Consumer Protection Act,1986.
2) The complaint was admitted on 1.9.14 and notices were issued to the opp.parties and the opp.party also on 19.11.2014, appeared before this forum and vide petition No.1018 prayed for time for filing written statement and the said petition was allowed, but after that, the opp.party was found, although they were given last chance for filing written statement i.e. on 2.4.15, but on that day also the opp.party side was absent and hence vide our order dtd. 2.4.15 direction was issued to proceed the case against the opp.party on exparte. Thereafter, on 9.6.15 the complainant filed her evidence and again on 28.8.15 filed her written argument and after that oral argument forwarded by the complainant herself was heard on 20.4.16, and today we delivered the judgment which is as below-
3) The complainant’s case in brief is that her son Zabirul Bakht took admission in Focus Coaching Institute for CEE Medical Coaching on 30th July, 2014 depositing Rs.20,000/- as coaching fee vide receipt No. 919 dtd. 30.7.2014, but her son continued the course only for two days from the date of admission and he found it unsuitable to continue the study in the said institute for poor standard of Instruction. Her son took admission for good faith on quality and reputation of the said institute, but he was surprised the experience of attitude of the authority of the said Institute. The opp.party indulges in unfair practice to exploit to defraud their customer. The complainant requested the opp.party on several occasions over phone and personally by submitting application to them to refund the coaching fee which was paid in advance, but the opp.party refused to refund the amount.
3) After perusing the evidence of P.W.1 and P.W.2 it appears to us that the complainant’s son Md. Zabirul Bakht took admission in Focus Coaching Institute , Dispur for CEE Medical Coaching on 30th July, and deposited Rs.20,000/- as coaching fee for the year. Ex.1, the money receipt specifically reflects that Rs.20,000/- was paid by the complainant as yearly fees of said CEE Medical Coaching course and it was paid on 30th July,2014.
4) The complainant (P.W.1) and her son Zabirul Bakht (P.W.2) states in their evidence that Zabirul Bakht took admission on good faith in the Institute of the opp.party, but found that the attitude and conduct of the said Institution was quite different. P.W.2, further states that after attending two days of coaching class in the said Institution he found it unsuitable for him to continue his study , hence he dis-continued to attend the class after two days. We have perused a copy of the admission form submitted by the complainant and found that there is a condition of the admission which is that the fees once paid will not be refunded under any circumstances. Admittedly the course is for one year. Thus, it is clear that the opp.party took Rs.20,000/- as coaching fee for the whole year. As per calculation the rate of monthly fee is Rs.1660/-. In the admission form it is not mentioned that the fees of entire one year can be deposited at the time of admission. As the complainant’s son attended two classes in the said course, the complainant is liable to pay fee of one month. In such situation , procuring fees for whole year which is Rs.20,000/- by the opp.party is a illegal act and opp.party collected that amount whimsically from the complainant. The opp.party side has a authority to collect monthly fees from the complainant in the absence of any agreement as to the mode of payment of fees and therefore the opp.party is liable to return the fees of remaining 11(eleven) months which is Rs.17,260/-. It is found from the evidence that the complainant requested the opp.party to refund the fee she paid . It is also found from the evidence that the son of the complainant discontinued the study of the said Institute for the reason of low standard and low quality of impartial of education in the said Institute . So, we are of opinion that the opp.party is liable to return Rs.17,260/- to the complainant and also to pay Rs.3,000/- as compensation for causing harassment to her and Rs.2,000/- as cost of the proceeding. Accordingly, the complaint is allowed exparte and the opp.party i.e., The Director of Focus Coaching Institute, Dispur is directed to refund Rs.17,260/- (Rupees seventeen thousand two hundred sixty) only to the complainant and also to pay Rs.3,000/- as compensation and Rs.2,000/- as cost of the proceeding within two months, in default of which it shall carry interest @12% per annum.
Given under our hands and seal of this forum on this day 5th May, 2016.
Free copies of judgment be delivered to the parties.
(Md.S.Hussain)
President
(Mr.U.N.Deka)
Member
