Chandigarh

DF-I

CC/57/2018

Aashima Jarial - Complainant(s)

Versus

Frankfinn Institute - Opp.Party(s)

Nitin Rana

18 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/57/2018
Date of Institution	:	24/01/2018
Date of Decision	:	18/07/2018

 

Aashima Jarial D/o Sh. Ganeshwar Singh, R/o Ward No.6, Village and Post Office Nangal Jarialan, Tehsil Ganari, District Una, Himachal Pradesh.

....Complainant

V E R S U S

 

Frankfinn Institute, 201, Suneja Tower-II, District Center, Janakpuri, New Delhi, through its Manager/ Authorized Signatory.

2^nd Address:

Frankfinn Institute, SCO 118-120, 1^st Floor, Sector 34-A, Chandigarh, through its Branch Manager/ Authorized Signatory.

…… Opposite Party

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	SH.SURESH KUMAR SARDANA	MEMBER

                                                               

ARGUED BY	:	Sh.Sanjeev Kaundal, Vice Counsel for Sh.Nitin Rana, Counsel for Complainant.
	:	Sh.I.P.S. Kang, Vice Counsel for Sh.Devanshu Aggarwal, Counsel for Opposite Party.

                       

PER SURESH KUMAR SARDANA, MEMBER

1.         Ms. Aashima Jarial, Complainant has preferred this Consumer Complaint under Section 12 of the Consumer Protection Act, 1986, against Frankfinn Institute (hereinafter called the Opposite Party), alleging that she deposited a sum of Rs.15,000/- on 15.06.2017 with the Opposite Party for reserving a seat in their Institute, with an assurance that the said amount would be refunded to her, in case she succeeds in getting admission in some other course for which she had given an entrance examination.  Since the Complainant was able to secure admission in some other course in August, 2017, she approached the Opposite Party for refunding Rs.15,000/-. When the Opposite Party flatly refused to refund the said amount, a legal notice dated 22.06.2017 was served upon the Opposite Party, but to no success. Hence, alleging the aforesaid act and conduct of the Opposite Party as deficiency in service and indulgence into unfair trade practice, the Complainant have preferred the present Complaint.     
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party filed its written statement, inter alia, admitting the basic facts of the case. It has been pleading that the Complainant took admission of her own free will and only after careful reading and understanding the terms and conditions for admission. The Complainant was fully aware about the non-refundable clause with respect to the fee amount. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint.
4.         Controverting the allegations contained in the written statement and reiterating the pleadings in the Complaint, the Complainant filed the rejoinder.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire evidence and heard the arguments addressed by the Learned Counsel for the Parties.
7.         It is an admitted fact that on 15.06.2017 the Complainant deposited a sum of Rs.15,000/- with the Opposite Party towards booking her seat for Frankfinn Diploma in Aviation, Hospitality & Travel Management course. It is also admitted fact that the Complainant did not attend even a single. Per record, the Complainant had duly intimated the Opposite Party for refund of Rs.15,000/- paid towards the booking of seat, but the Opposite Party did not bother to refund the same.
8.         In this view of the matter, we are of the concerted opinion that once the Complainant did not attend even a single class, it was incumbent upon the Opposite Party to refund the fees paid by her, after deducting reasonable administrative charges. Pertinently, the Opposite Party cannot claim any prejudice caused to them when the Complainant did not attend the course in the OP-Institute. It is settled proposition of law that no fee (including advance fee) can be illegally held by the Opposite Party for the period for which no coaching/service is being availed by the Complainant.
9.         It is thus established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. The Opposite Party has certainly and definitely indulged into unfair trade practice as it ought to have refunded the booking fees after deducting the reasonable administrative charges, which it failed to do and propelled this unwarranted, uncalled for litigation upon the Complainant. At any rate, the Opposite Party even did not bother to redress the grievance of the Complainant despite having approached for the same by the Complainant time and again. Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against the Opposite Party.
10.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is partly allowed. The Opposite Party is directed:-

[a]   To refund Rs.14,000/- (after deducting Rs.1,000/- towards administrative charges) to the Complainant;

[b]   To pay Rs.5,000/- as compensation to the complainant for the unfair trade practice and harassment caused to her.

[c]   To also pay a sum of Rs.5,000/- to the complainant as litigation expenses. 

11.         The above said order shall be complied within 30 days of its receipt by Opposite Party; thereafter, Opposite Party shall be liable for an interest @12% per annum on the amounts mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c]. 
12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced                          

18.07.2018

                                 Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

                                                          Sd/-

(SURJEET KAUR)

MEMBER

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER