Delhi

East Delhi

CC/450/2015

DAVEDARSHAN MISHRA - Complainant(s)

Versus

ARWACHIN EDUCATION - Opp.Party(s)

02 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO.450/15

DAVEDARSHAN MISHRA

S/O SH. P.S. MISHRA

R/O G-171, DILSHAD COLONY

1.  
2.  

 

1. ARWACHIN EDUCATIONS PVT. LTD.,

EAST DELHI STUDY CENTRE

POCKET-B, DILSHAD GARDEN,

1448859.  

2. AKSHAT SHARMA

S/O SH. ARUN SHARMA

R/O 1/5800 BALBIR NAGAR,

SHAHADARA, DELHI

                                                                                                                               ….Opponents

 

Date of Institution: 26.06.2015

Judgment Reserved for: 02.07.2018

Judgment Passed on: 11.07.2018

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. The present complaint has been filed by Shri Davedarshan against Arwachin Educations Pvt. Ltd. (OP-1), and Shri Akshat Sharma, Director (OP-2) alleging deficiency in services with the prayer for direction to OPs to refund Rs.1,50,000/- given by the complainant as fees, Rs.6,00,000/- as compensation for mental agony and harassment and Rs.6,000/- as litigation expenses, Rs.42,000/- as extra cost incurred by complainant for incurring tuition classes for his daughter.
2.  Briefly stated the facts of the present complaint are that the complainant got his daughter enrolled with OP-1, on being allured by advertisement of OP, potraying OP-1 to be part of Arwachin International School. It was represented to the complainant that OP-2 was trustee in Arwachin International School & Director in OP-1 and was assured that his daughter would be able to crack an IIT JEE Exam. The complainant was informed that test series would be started in January 2015, so as to enable the daughter of the complainant to get good rank. The complainant paid Rs.85,000/- in three installments till 28/01/2014 out of total fees of Rs.1,50,000/- and was asked to pay the balance of Rs.65,000/-. It has been stated that the balance of Rs.65,000/- was paid in the first week of October 2014 in cash, for which no receipt was issued. It has been further stated that suddenly on 15.10.2014 the OP, did not let complainant’s daughter attend the IIT JEE classes. A complaint against OP was lodged with Police Station: Seempuri, bearing DD No.72 B dated 13.02.2015. The complainant tried to contact the OP, but neither fees paid to the OP was returned nor the complainant’s daughter was allowed to resume the classes. Hence, the present complaint.

The complainant has annexed receipt No. 127 dated 21/08/2013 for Rs.30,000/-, receipt No. 136 dated 28/01/2014 for Rs.15,000/-, receipt No. 110 dated 04/05/2013 for Rs.40,000/-, fees structure of 2 years class room programme, copy of the prospectus 2013, copy of the complaint dated 13.02.2015 to Police Station: Seemapuri.

3. Reply on behalf of OP-1 and OP-2 was filed upon service of the summon, wherein they took several pleas in their defence such as; daughter of the complainant had stopped attending the coaching classes on 15.10.2014 and the complainant had not approached the forum with the clean hands. It was stated that the daughter of the complainant had regularly taken coaching classes from April 2013 to October 2014. Payment of                Rs. 65,000/- in cash by the complainant was also denied. It was further submitted that OP had never asked for payment of remaining fees because the complainant had assured OP to pay the fees at the end of the coaching programme. Rest all the contents of the complaint were denied.
4. Rejoinder was filed on behalf of complainant wherein contents of the complaint were reiterated and those of the reply filed by OP-1 and OP-2 were denied.
5. Evidence by way of affidavit was filed by the complainant where he has deposed the contents of the complaint and has got exhibited copy of the fees structure as Ex.CW/1, copy of the fees receipt of Rs.85,000/- as Ex.CW/2 (colly), and copy of the complaint against OP in Seemapuri Police Station and complaint to the Commissioner of Delhi Police as Ex.CW/3.

OP failed to file evidence by way of affidavit despite several opportunities; hence their right to file evidence was closed.

6. We have heard the submissions on behalf of the complainant and have perused the material placed on record. Firstly, the complainant has alleged that the OP did not issue receipt for payment of Rs.65,000/-, which was paid by cash. The complainant has placed on record the receipts pertaining to payment of Rs.85,000/- but has failed to bring on record any application or request to OP for issuance of receipt for payment of Rs.65,000/-, hence, the allegation of the complainant does not stand on its feet. The second allegation of the complainant is that the OP did not let the complainant’s daughter attend classes from 15.10.2014. Allegedly, the complainant’s daughter was not allowed to attend classes on 15.10.2014, the complainant has made police complaint only on 13.02.2015, that is after a lapse of 4 months, this allegation seems to be an afterthought, where especially each and every class for preparation of IIT JEE matters. The complainant has not placed even a single document to show that he had given any representation to OP for issuance of receipt for amount paid or for permitting his daughter to attend classes. Thus, the complainant has failed to prove any deficiency in service on part of OP. Hence, the present complaint is dismissed being devoid of merits without order to cost.  

Copy of this order be sent to both the parties as per law.

 

(Dr. P.N. TIWARI)                                                                    (HARPREET KAUR CHARYA)              

      MEMBER                                                                                              MEMBER

 

 

                                                 (SUKHDEV SINGH)

                                                     PRESIDENT