By Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019
2. Facts of the case in brief: The Complainant sought NEET coaching for medical entrance and joined the coaching through online mode in Opposite Party institution and paid the fees of Rs.4,499/- and Rs.2,000/- for study materials to the account of the Company by Google pay on 24.03.2024. It has been informed that the money sent has not been credited to the account of the Opposite Party and therefore, the study materials could not be sent. When the Complainant inquired about the above matter in the bank, it was confirmed that the amount has been credited to the account of Opposite Party and this information was conveyed to the Opposite Party, but there was no response. Hence this complaint.
3. Notice was sent to the Opposite Party but they failed to appear before the Commission and he was declared as ex-parte.
4. The Complainant filed proof affidavit and was examined as PW1 and the documents produced were marked as Ext. A1 to A3.
5. Heard the Complainant and documents filed were perused carefully. Ext.A1 is the statement of account of the father of the Complainant clearly discloses that the Complainant had transferred an amount of Rs.4,499/- and Rs.2,000/- to the account of the Opposite Party on 24.03.2024. Ext.A2 is the copy of google pay screen shot showing the payment of Rs.2,000/- made to the Opposite Party. Here, the Opposite Party failed to appear before the Commission or adduce any evidence and in the absence of any contrary evidence from the Opposite Party, we are inclined to accept the contention of the Complainant. Therefore, we are of the considered view that there is deficiency in service and unfair trade practice on the part of the Opposite Party. So, the Complainant is entitled for the amount paid for the study materials and also for compensation.
In the result, the complaint is partly allowed, and the Opposite Party is directed to pay Rs.2,000/- (Rupees Two Thousand Only) and to pay Rs.20,000/- (Rupees Twenty Thousand Only) towards compensation to the Complainant within one month from the date of the receipt of this order, failing which the Opposite Party is liable to pay interest @ of 9% per annum till the full realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 6th day of September 2024.
Date of Filing:-22.05.2024.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. Anilkumar. P. Driver.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Bank Account Statement.
A2. Printout of Google Pay Transaction.
A3. Copy of Plus Two Marklist of Complainant.
Exhibits for the Opposite Party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
Kv/-
