Haryana

Karnal

CC/61/2024

Satinder Chugh - Complainant(s)

Versus

The Managing Director, Aakash Education Service Limited - Opp.Party(s)

Pardeep Sanduja

04 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.61 of 2024

                                                        Date of instt.01.02.2024

                                                        Date of Decision: 04.09.2024

 

Satinder Chugh aged about 43 years son of Shri Sukhdev Chugh, resident of 394, New Ram Nagar, Karnal (aadhar card no.3637 5243 5522. The mobilie no. is 7206080181.

 

                                                                        …….Complainant.

                                              Versus

 

1. The Managing Director, Aakash Education Service Ltd. Registered office III, Icross, Paramount Garden s, Thalaghattapura, Kanakapura, main road, Bangaluru-560062.

 

2. The Branch Manager, Aakash Institute, SCO no.230-231, Ground floor, Sector-12, Urban Estate Karnal.

 

                                                                  …..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.     

              Ms. Neeru Agarwal…….Member

      Ms. Sarvjeet Kaur…..Member

 

 Argued by: Shri Pardeep Sanduja, counsel for the complainant.

OPs exparte (vide order dated 25.07.2024 and 19.04.2024 respectively)

 

                     (Neeru Agarwal, Member)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that Lavish Chugh son of the complainant took admission in the institute of OPs for taking coaching of Non-Medical subjects of 10+1 standard. On 24.03.2024, the complainant deposited an amount of Rs.52261/-. The classes of son of complainant commenced from 29.05.2022. Thereafter, on 10.06.2022, complainant got deposited an amount of Rs.12,796/- with OPs. The son of complainant is having health problem i.e. Thyroid to which he is gaining his weight and has become over weight and unable to continue his study. Doctor advised him not sit for long time. Owing to said ill health of son of complainant, the complainant discussed the matter with Ms. Kanika, employee of OP no.2 and after discussion, she advised complainant to continue study of his ward for one month and if despite of that he would not be able to continue with his study then the institute will refund the fee amount deposited by the complainant. Son of complainant failed to continue with his study due to his ill health, hence on 27.06.2022 moved an application in the office of OP no.2 for discontinuing name of his son, then official of the OP no.2 got signed certain documents from complainant and assured that matter will be referred to OP no.1 and approval will be obtained within four days and then the amount deposited by him will be refunded. Thereafter, complainant approached the OPs number of times and requested for the refund of the abovesaid amount but OPs started postponing the matter on one pretext or the other. Then complainant sent a legal notice dated 17.08.2022 to the OPs but it also did not yield any result.  In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs did not appear despite service and opted to be proceeded against exparte, vide order dated 25.07.2024 and 19.04.2024 respectively of the Commission.

3.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, affidavit of Anjana wife of complainant Ex.CW2/A, copy of application Ex.C1, copy of legal notice Ex.C2, AD Ex.C3, copy of aadhar card of complainant Ex.C4 and closed the evidence on 25.07.2024 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and also gone through the record available on the file carefully.

5.             Complainant has alleged that his son took admission in the institute of OP for taking coaching of non-medical subjects of 10+1 standard. Complainant deposited total amount of Rs.65057/- with OPs. The son of complainant is having problem of Thyroid due to which he is gaining weight and has become over weight. Doctor advised him not sit for long time. His son failed to continue with his study due to his ill health, so on 27.06.2022, complainant moved an application in the office of OP no.2 for discontinuing name of his son and requested for refund of the abovesaid deposited amount but till date no amount has been refunded. Thus, the said act of the OPs amounts to deficiency in service and unfair trade practice on the part of OPs.

8.             The onus to prove his version was relied upon the complainant. To prove his version, complainant relied upon his affidavit Ex.CW1/A, affidavit of his wife Ex.CW2/A, copy of application Ex.C1 dated 27.06.2022, copy of legal notice Ex.C2, AD Ex.C3, copy of aadhar card of complainant Ex.C4. Application Ex.C1 dated 27.06.2022 has been duly received by the OP. To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exparte. Thus, the evidence of complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same. Complainant deposited Rs.52,261/- on 24.03.2022 and Rs.12796/- on 10.06.2022 and due to health issues of his son, he moved an application Ex.C1 dated 27.06.2022 for refund of the deposited amount.  Hence, complainant is entitled for the refund of Rs.65057/-alongwith compensation for harassment, mental pain and agony and towards litigation expenses.

9.             Thus, as a sequel of above discussion, we allow the present complaint and direct the OPs to refund the amount of Rs.65057/- to the complainant. We further direct the OPs to pay Rs.10,000/- to the complainant on account of mental agony and harassment suffered by him and Rs.5500/- for the litigation expenses. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced
Dated:04.09.2024

         President,

      District Consumer Disputes                           

      Redressal Commission, Karnal.

                   ( Neeru Agarwal)            (Sarvjeet Kaur)

                            Member                        Member