STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH (Additional Bench)

Appeal No. : 169 of 2022 Date of Institution : 02.12.2022 Date of Decision : 19.06.2024

1] FIITJEE LTD., 29-A, Kalu Sarai, Sarvpriya Vihar, New Delhi through its AR,SCO 321-322, Ist and 2nd floor, Sector-35-

B,Chandigarh, 2] FIITJEE Ltd. SCO No.321-322,Ist and 2nd floor, Sector 35-B, Chandigarh, through its Director.

3] M/s Edfora Infotech Pvt. Ltd., N 161 A, Saira Tower, 2nd Floor Gulmohar Commercial Complex, New Delhi 110049

4] M/s Megacosm Cognitions Pvt. Ltd., 57, Kalu Sara, Begumpur, Malviya Nagar, South Delhi 110017, through its Director/Partner/Authorised Signatory.

--Appellants.

Versus

1. Sh.Krishan Vrind Jain s/o Sh.Sudhir Kumar Jain, R/o H.No.5118/1, Modern Housing Complex, Mani Majra, U.T., Chandigarh.

2. Master Arnav Jain, minor, S/o Sh.Krishan Vrind Jain, R/o H.No.5118/1, Modern Housing Complex, Mani Majra, U.T., Chandigarh through his father being natural guardian.

..... Respondents Appeal against order dated 30.09.2022 passed by District Consumer Disputes Redressal Commission-II, U.T. Chandigarh in Consumer Complaint No.271/2019.

BEFORE: MRS. PADMA PANDEY, PRESIDING MEMBER Mr.PREETINDER SINGH,MEMBER For the appellants : S/Sh.Mukesh M Goyal, Dalip Kumar &

Sh.Vivek Lamba,Advocates For the respondents Sh.Ayush Kumar, Advocate, proxy for Ms.Ekta Sharma, Advocate PER PADMA PANDEY, MEMBER This appeal is directed against the order dated

30.09.2022, rendered by the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh (hereinafter to be referred as “the Ld. Lower Commission”), vide which, it allowed the complaint bearing No.CC/271/2019 and directed the Opposite Parties in the following terms;-

“Taking into consideration the facts & circumstances of the case and discussion made in preceding paragraphs, the complaint is allowed with directions to the Opposite Parties No.1 & 2 to refund the entire fee so received from the complainant i.e. Rs.1,60,300/- along with interest @12% p.a. from the date of filing complaint i.e. 1.5.2019 till realization. The Opposite Parties No.1 & 2 are also directed to pay litigation cost of Rs.7000/- and compensation of Rs.15,000/- to the complainants for the mental agony & harassment caused to them due to their deficient act.

This order shall be complied with by the Opposite Parties No.1 & 2 within a period of 30 days from the date of receipt of copy of this order, failing which they shall be liable to pay additional compensatory cost of Rs.20,000/- apart from the above relief.”

2. Before the Ld. Lower Commission, it was case of the complainants/respondents that complainant No.2, son of complainant No.1, a meritorious student, studying in SGGS School, Sector 26, Chandigarh in 11th Class under FIITJEE Integrated School Programe for securing better result in competitive exams of CBSE & IIT-JEE, was shown rosy picture by the OPs about their program for success in IIT-JEE examinations. Accordingly, complainant No.2 was enrolled with OP Institute (Annexure C-1). The OPs demanded an amount of Rs.1,60,300/- towards two years fee and the same was paid by complainant No.1 and in furtherance of the said process, complainant No.1 was further told to pay post- dated cheques which were also given. The OPs encashed most of the cheques before the start of the sessions in April, 2018. It was alleged that that though the entire payment was taken by the OPs from the complainants prior to studies but the education imparted could only be seen when it was actually delivered. It was further alleged that since the education as promised by the OPs was not upto the mark, therefore, the OPs were asked to return the total amount and not to present the remaining two cheques lying with them for Rs.20,680/- & Rs.15,000/- respectively. It was further alleged that despite making due payments as demanded by the OPs, complainant No.1 was never given any update about the kind of training being imparted to the complainant No.2 by the teachers of th