DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.362/2014
Master Rishab Chaurasia (Minor)
S/o Sh. Rajesh Chaurasia
(through his mother and natural guardian
Smt. Renu Chaurasia)
R/o 3178, Gali Sui Wali, Ram Bazar,
Morigate, Delhi-110006 ….Complainant
Versus
Vision IIT-JEE
Through its Director
Siddarth Chamber-I, 41-A,
Kalu Sarai, Near Sarvapriya Vihar,
New Delhi-110016 ……Opposite Party
Date of Institution : 11.09.14 Date of Order : 25.05.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly, stated that the case of the Complainant is that he had taken admission through his mother on 26.06.14 for preparation of PMT course with the OP for a total consideration of Rs.37,000/-. He had paid Rs.13,000/- vide receipt No.92. When he visited the OP for joining the institute on 26.06.14 the OP put him in IIT batch (mentioned in the receipt No.92) instead of PMT batch. He informed the OP on 27.6.14 to put him in PMT batch otherwise they should refund the amount of Rs.13,000/- but OP refused to pay the amount. He wanted to meet the Director of the institution of OP but the staff did not allow him to meet the Director. Due to not getting the admission in any other place in the course of PMT his one year was wasted. Hence the OP is guilty in providing deficient service. The Complainant has prayed as under:-
- Direct the OP to pay Rs.13,000/- to the Complainant towards the fees deposited by the Complainant with the OP.
- Direct the OP to pay a sum of Rs.50,000/- to the Complainant for compensation for suffering of lot of mental pain and agony as well as financial turmoil.
- Direct the OP to pay a sum of Rs.10,000/- towards litigation charges.
OP has been proceed exparte vide order dated 21.08.15.
Affidavit of the mother of the Complainant in evidence has been filed on behalf of the Complainant.
We have heard the arguments on behalf of the Complainant and have also gone through the file very carefully.
Complainant has placed on record a copy of receipt No.92 dated 26.06.14 issued by the OP institute which shows that the Complainant had taken admission for the preparation of PMT + IIT with the OP and deposited a sum of Rs.13,000/- against the total fees of Rs.37,000/- (for the sake of identification we mark the document as Annexure-A). He has further placed on record original information brochure issued by the OP (for the sake of identification we mark the document as Annexure-B). OP had the knowledge about the filing of the complaint but has not chosen to contest it.
Averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the Complainant. We hold the OP guilty of unfair trade practice and deficiency in service. Therefore, we allow the complaint and direct the OP to refund the deposited amount of Rs.13,000/- with interest @ 6% per annum from the date of its deposit i.e. 26.06.14 till the date of realization to the Complainant. OP is also directed to pay a sum of Rs.5,000/- as compensation for harassment and mental agony undergone by the Complainant including cost of litigation.
The order shall be complied within 30 days of receipt of copy of this order failing which OP shall become liable to pay Rs.13000/- alongwith interest @ 9% per annum from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Announced on 25.05.2016
