Back
dated
09.11.2022
passed
by
District Consumer Disputes Redressal Commission-II, U.T.
Chandigarh in Consumer Complaint No.222/2019.
BEFORE:
MRS. PADMA PANDEY, PRESIDING MEMBER
Mr.PREETINDER SINGH,MEMBER
For the appellants : Sh.Vivek Lamba,Advocate
For the respondent : Sh.Tapish Kumar Gupta, Advocate
PER PREETINDER SINGH, MEMBER
This appeal is directed against the order dated 09.11.2022,
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/222/2019 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 balance fee of Rs.62,000/- to the
complainant along with interest @12% p.a. from the date of
filing complaint i.e. 11.4.2019 till realization. The Opposite
2
Parties No.1 & 2 are also directed to pay litigation cost of
Rs.7000/- and compensation of Rs.15,000/- to the
complainant for the mental agony & harassment caused to
him due to their deficient act.
This order shall be complied with by the
Opposite Parties No.1 & 2 within a period of 45 days from
the date of receipt of copy of this order, failing which they
shall be liable to pay additional compensatory cost of
Rs.10,000/- apart from the above relief.”
2. Before the Ld. Lower Commission, it was case of the
complainant/respondent that son of the complainant namely Nalin
Kumar Gupta was a student of 10th Class and in order to get his son
prepared for competitive test enrolled with appellant No.2/OP No.2
under Three Year Program for JEE (Advance), 2021 covering 10th and
non-Medical Stream of +1 and +2 on 24.12.2017. The total fee agreed
for said Three Year Program was Rs.1,50,844/- ,out of which
Rs.16,875/- was paid though demand draft and Rs.2500/- was paid
online, whereas 8 post-dated cheques were issued for balance amount,
copies of demand draft and cheques etc. are Annexure C-1 (Colly.).
The son of the complainant attended regular classes in the OP
institute for 10 months from April, 2018 to Jan.,2019 and found that
the course adopted by the Opposite Parties was not satisfactory and
methods followed by them were not upto the mark. Complainant then
requested OP No.2 to refund the balance fee of two years charged by it
in advance for 11th & 12th class coaching which comes to Rs.62000/-
and also requested not to present the post-dated cheques collected
from him. It is averred that son of the complainant did not attend any
classes of OPs for +1 & +2 and well before start of academic years of
said classes, the complainant sought refund of the balance amount
(Annexure C-3). However, the OPs instead of refunding the balance
3
amount taken in advance for two years coaching, per request of the
complainant, still presented the post dated cheques and got encashed
an amount to the tune of Rs.62000/- for +1 & +2 session which the
son of complainant never attended. The complainant got enrolled his
son in some other institute for further studies by again spending
further amount but OPs did not refund the amount despite making
several visits and requests. Hence, a consumer complaint was filed
before the Ld. Lower Commission alleging deficiency in service and
unfair trade practice on the part of the opposite Parties/appellants.
3. Pursuant to issuance of notice, Opposite Parties appeared
before the Ld. Lower Commission and contested the complaint. In their
joint reply while admitting the factual matrix of the case, it was stated
that son of the complainant namely Master Nalin Kumar Gupta was
enrolled with it in Three Year Classroom Program for JEE (Advanced
2021) Weekend Contact Classes. It is stated that the complainant, after
under
