Chandigarh

DF-II

CC/651/2020

Mr. Inderpal Singh Bhinder - Complainant(s)

Versus

The Managing Directors of M/a Grey Matters Education Services Pvt. Ltd. - Opp.Party(s)

In Person

12 Oct 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	651/2020
Date of Institution	:	27.11.2020
Date of Decision	:	12.10.2021

 

                                       

                       

 

1.     Mr.Inderpal Singh Bhinder s/o Sh.Baljeet Singh and

2.     Mrs.Amanpreet Kaur Bhinder wife of Mr.Inderpal Singh Bhinder

Both residents of H.No.66, New Garden Colony, Sector 12, City Kharar, District SAS Nagar (Mohali), Punjab.

                                        ...  Complainants.

Versus

1.     The Managing Directors of M/s Grey Matters Education Services Private Limited, SCO 63-64 2^nd Floor, Sector 17-C, Chandigarh -160017.

2^nd Address:-

M/s Grey Matters Education Services Private Limited, through its Authorized Signatory/Managing Directors having a Branch Office at SCO 89, Near KFC, Phase-3B2, Sector 60, SAS Nagar (Mohali)-160062.

 

2.     M/s Grey Matters Education & Immigration Services LLP, through its Authorized Signatory/Managing Directors having an Branch Office at SCO 37-38, Top Floor, Sector 17-C, Chandigarh -160017.

…. Opposite Parties.

 

BEFORE:
	SHRI RAJAN DEWAN,	PRESIDENT
	SMT.PRITI MALHOTRA,	MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	Complainant in person.
	None for the OPs.

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainants are that  being allured by the advertisements, both online and offline, they enrolled in Grey Maters, Mohali for the preparation of IELTS course by depositing Rs.37,000/- in cash for the entire course (Rs.10,000/- and Rs.27,000/- paid on 26.02.2020 and 27.02.2020 respectively).  However, after attending the regular classes for five days, they realized that they had chosen wrong institute this was because the OPs made false claims about their services which were different in reality. They noticed the following deficiencies in the services of the OPs:-

1. “Claim to provide the latest & fresh study material for IELTS preparation was false; as the complainants were given the already used and marked practice sheets, which the students had to reuse after erasing the marked answers. It seems worthless for exam preparation.
2. Claim to provide well-experienced teaching staff was also untrue; as the staff only does formality to teach the students. Their main focus is on completing each module on time rather than clearing doubts of students. Furthermore many times, the class teacher failed to clear the complainants’ doubts, which shows that teachers at the centre are not well experienced”.

                After attending the classes for one week, they raised the aforesaid issues before the coordinator of Mohali Branch and asked whether she could provide satisfactory services or refund the course fee but she ensured that she will work on their problems and convinced them to continue the course and taking her words true, they agreed to continue the course but found no improvement in teaching style as well as study material which highly frustrated.  Meanwhile, the lockdown commenced due to Covid-19 and the institute closed on 17.03.2020 after collecting the students progress cards along with fee receipts and during that period, they made several calls on the contact numbers and wrote e-mails but to no effect.  It has further been averred that the OPs did not convey regarding the opening of the institute from 19.10.2020.  They enjoyed the classes on 22.10.2020 but found the same attitude of the Class Teacher which realized that nothing had changed to improve the coaching services and besides that they were not following the instructions regarding Covid-19 as 20-25 students studying in 10x10 feet room without wearing any face mask. Thereafter, they sent an application 24.10.2020 sent through registered post as well as e-mail for refund of the course fee but to no effect. Finally they got served legal notice dated 02.11.2020 upon the OPs regarding refund of the course fee. It has further been averred that out of 54 days course, they attended the classes for 15 days  : 14 days(2^nd march to 7^th March, 2020) before commencement of the lockdown and only one day (22^nd October 2020) after resuming the classes and as such they are entitled to the remaining amount of Rs.27,000/-.   Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.     

2.         In their reply, the OPs have stated that the course fee for the Course is Rs.27,900/- whereas the complainants were given discount of Rs.9,900/- each and only after satisfaction they joined the course. It has been further been stated that no written application for refund of fee has ever been given by the student in this regard and they came to know about the case after receipt of the notice from this Commission. It has further been stated that the complainants sent fee refund letter through e-mail which was bounced back.  It has further been stated that during lockdown, the complainants had given IELTS exams and also cleared the same.  It has further been stated that since the complainants attended 15 days Classes and received study material also and taken the exam too and as such the complainants are not entitled for fee refund. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.         The complainants filed rejoinder to the written reply of the OPs controverting their stand and reiterating the averments as made in the complaint.
4.         Despite availing repeated opportunities for filing the evidence by way of affidavit, the OPs failed to file the same and, therefore, their evidence was closed vide court order dated 29.09.2021.
5.         We have heard the complainants in person and have gone through the documents on record.
6.         The perusal of the documentary evidence on record reveals that the complainants have paid a sum of Rs.37,000/- in advance for the entire course for preparation of IELTS course. Admittedly, the complainants have attended the classes for total 15 days only : 14 days(2^nd March to 7^th March, 2020) before commencement of the lockdown and only one day (22^nd October 2020) after resuming the classes and thereafter they requested the OPs to refund the course fee for the remaining days  as they were not satisfied with the coaching services being rendered  and the material being provided by the OPs but the OPs did not bother to refund the same despite receipt of the e-mail and the legal notice.  It is incumbent upon the OPs to refund the fees paid, after deducting reasonable charges and non-refundable service tax, which they failed to do so and propelled this unwarranted, uncalled for litigation upon the complainants.  It is apt to mention here that no doubt the OPs have filed the reply but they have failed to file the evidence by way of affidavit in support of the averments made therein and as such no credence shall be placed upon the averments made therein. Since, the complainants have withdrawn themselves from the OPs-institute and, therefore, the OPs should have refunded the remaining fee after deduction of the proportionate fee for the period they attended the classes. Non-refund of the balance coaching fee certainly amounts to deficiency in service as also indulgence into unfair trade practice on the part of the OPs. 
7.           For the reasons recorded above, the present complaint is allowed qua the OPs. The OPs is directed as under:-

a]     To refund the balance coaching fee, after deduction of the proportionate fee for the period the complainants attended the classes.

b]     To pay Rs.7,000/- to the complainants as compensation for mental agony & physical harassment;

c]     To pay Rs.5,500/- as litigation expenses.

8.           This order shall be complied with by the OPs within a period of 30 days from the date of receipt of its copy, failing which it shall be liable to pay interest @ 9% per annum on amount as mentioned at sub-para (a) & (b) above from the date of this order till it is paid, apart from paying litigation expenses.
9.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 12/10/2021	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER