Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 480.
Instituted on : 20.10.2020.
Decided on : 30.11.2021.
Umang Sharma, Advocate aged 45 years s/o Sh. Shiv Kumar Sharma R/o H.No.311/28 Subhash Nagar, Rohtak.
………..Complainant.
Vs.
- Allen Career Institute, Sanklap CP-6, Indira Vihar, Kota(Rajasthan) through its Director.
- Allen Career Institute, Plot No.SP Corner-4, Sangan Building Near Block FGH, Landmark city, Kota(Rajasthan) through its Academic Manager.
- Hope Destination Residency, 63, Land Mark City, Kunhadi Kota(Rajasthan ) through its owner Govind Hamarajani.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
Present: Sh.Umang Sharma, Advocate/complainant on person.
Opposite parties exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that daughter of the complainant namely Saloni Sharma has got admission in pre-medical Nurture(Phase-IV) on 18.06.2018 in the institute of respondent no.1 and complainant has paid Rs.75005.90 through Net Banking from State Bank of India, Rohtak. At the time of getting admission, respondent no.1 had assured that the top level of study infrastructure and other facilities were available in their institute and the respondent no.1 persuaded the complainant to get his ward avail facilities of respondent no.3 for providing best and hygienic hostel facility and also assured that top food, water, hostel and bed etc. were available with them. As per the assurance and consistent pressure of respondent no.1, the daughter of complainant had got admission with respondent no.2 for hostel facility. But after few days of admission, she started facing health issues due to non hygienic food provided by the respondent no.2. The complainant got examined his daughter from Dhankhar Trauma and Multispeciality Hospital and doctor diagnosed her with severe stomach infection and jaundice, food poisoning due to eating of unhygienic food by the daughter of complainant which was served by respondent no.3. The complainant was got examined by several doctors in Kota and Rohtak as well as in PGIMS, Rohtak but her health was not recovered and due to severe health condition, she could not manage to continue the class of respondent no.1 and her whole session of 2018-19 was passed in the medical tests and under the supervision of several doctors for her treatment. Complainant requested the opposite parties to refund the admission fee and other expenses of the course but despite his repeated requests, no amount has been refunded to the complainant. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the admission fee of Rs.75005.90, hostel charges of Rs.70000/- alongwith interest @ 9% from the date of payment to the date of actual realization and Rs.200000/- as compensation on account of harassment and Rs.11000/- as litigation charges to the complainant.
2. After registration of complaint, notices was issued to the opposite parties through registered post. As per the track reports placed on record by ld. Counsel for the complainant, item delivery was confirmed but none appeared on behalf of opposite parties. Hence opposite party No.1 & 2 vide order dated 08.02.2021 and opposite party no.3 vide order dated 30.03.2021 of this Commission were proceeded against exparte.
3. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C24 and has closed his evidence on dated 15.06.2021.
4. We have heard the complainant and have gone through material aspects of the case very carefully.
5. In the present case it is not disputed that as per copy of I.Card Ex.C2, daughter of complainant namely Saloni Sharma was the student of Allen Career Institute Kota. As per statement of account Ex.C3 an amount of Rs.75005/- has been transferred from the account of complainant on dated 18.06.2018 to the institute of opposite parties. The contention of complainant is that as per the advice of opposite party no.1 complainant has availed the hostel facilities of opposite party No.3 for his daughter and has paid an amount of Rs.70000/- as hostel charges to opposite party No.3. To prove this fact complainant has also placed on record copies of statement of account Ex.C4 and Ex.C5, as per which an amount of Rs.18000/- has been paid on 18.07.2018, Rs.9000/- on 10.10.2018 and Rs.9000/- on 16.11.2018 respectively i.e. total Rs.36000/-It is further contended that after a few days of admission, the daughter of complainant started facing health issues due to unhygienic food provided by the opposite party No.3 and she could not continue her class with the opposite party No.1 and her whole session of 2018-19 was passed in the medical tests and treatment. But the condition of his daughter was not recovered fully. Complainant requested the opposite parties to refund the fee paid by him but the same was refused by the opposite parties. To prove this fact, complainant has placed on record treatment record Ex.C6 to Ex.C24. A thorough perusal of these documents shows that the daughter of complainant was under treatment of PGIMS Rohtak and various tests were performed upon the daughter of complainant w.e.f. 07.12.2018 to 04.01.2019. On the other hand, none appeared on behalf of opposite parties despite service of notice. As such it is presumed that they have nothing to say in the matter and therefore, all the allegations leveled by the complainant against the opposite parties regarding providing unhygienic food by the opposite party no.3 and non continuing the class of opposite party no.1& 2 stands proved. Hence there is deficiency in service on the part of opposite parties and opposite parties are liable to refund the fee and hostel charges after deduction of 50% amount as the complainant has not placed on record any detail of fee under different heads i.e. admission fee, tuition fee, hostel fee, library charges etc.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party No.1 & 2 jointly and severally to refund Rs.37500/-(Rupees thirty seven thousand and five hundred only) on account of fee and opposite party No.3 is directed to refund Rs.18000/-(Rupees eighteen thousand only) on account of hostel charges to the complainant. Order shall be complied within 45 days, failing which opposite parties shall be liable to pay interest @9% p.a. on the alleged amount from the date of decision i.e. 30.11.2021 till its realisation to the complainant. Opposite parties are further directed to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service as well as litigation expenses to the complainant.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
30.11.2021.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
