Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the course fee as received from the complainant.
- To direct the opposite parties to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 5,000/- ( Rs. Five Thousand only ) as Litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he approached the Patna center of Brilliant Tutorial situated at Plot No. 4, Jugeshwar Bhawan, 1st Floor, S.K. Puri, Boring Road, Patna with respect to admission of his son namely Aman Singh for preparation of IIT examination. The complainant thereafter deposited fee as per demand of the tutorial to the tune of Rs. 68,202/- on 19.07.2011 and Rs. 21,141/- on 15.09.2011. The opposite party after receiving the amount has issued the money receipt which have been marked as annexure – 1 series. The opposite party issued identity card in favour of complainant’s son after mentioning the enrollment number 12PS13BPO299 as will appear from annexure – 2.
It is further case of the complainant that after few months the Brilliant Tutorial closed the class room training program which badly affected the preparation his son for IIT examination. After closing the center, the complainant approached the head office of Brilliant Tutorial for refund of course fee and after several request the opposite party no. 1 provided refund claim form through Email dated 17.07.2012. The complainant submitted the aforesaid form through Email dated 22.08.2012 as will appear from annexure – 3 series.
The grievance of the complainant is that uptill now no refund has been made.
The learned counsel for the complainant has submitted that as the money has been deposited by the complainant for admission of his son who is beneficiary hence the complainant has right to file this case.
From record it appears that when the registered notice did not returned unserved then vide order dated 14.01.2016 the tamila was declared valid and several adjournments were given to opposite party to file written statement. When the opposite party neither appeared nor filed written statement then he was debarred from filing written statement and the case was heard ex – parte.
It goes without saying that as the complainant has stated aforementioned facts in the complaint petition on the solemn affirmation and there is no counter version of the opposite party, hence we have no option but to accept the fact stated by complainant which clearly discloses deficiency on the part of opposite party.
For the discussion made above we direct the opposite party to return the course fee of Rs. 68,202/- ( Rs. Sixty Eight Thousand Two Hundred Two only ) as well as Rs. 21,141/- ( Rs. Twenty One Thousand One Hundred Forty One only )total Rs. 89,343/- ( Rs. Eighty Nine Thousand Three Hundred Forty Three only ) which he has been received by opposite party vide annexure – 1 series within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party will pay 10% interest on the amount of Rs. 89,343/- ( Rs. Eighty Nine Thousand Three Hundred Forty Three only ) till its final payment is made.
Opposite party is further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
