Haryana

Karnal

CC/102/2024

Monika - Complainant(s)

Versus

Imarticus Learning Private Limited - Opp.Party(s)

17 Dec 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.102 of 2024

                                                        Date of instt 22.02.2024

                                                        Date of Decision: 17.12.2024

 

Monika, age 32 years daughter of Shri Satish Kumar Malik, resident of house no.317, Sector-8, (Part-1), Urban Estate, Karnal, Haryana, aadhar no.9664-8829-7876, Mobile no.7836904866.

 

                                                                        …….Complainant.

                                              Versus

 

1. Imarticus Learning Private Limited, 3^rd floor, Halwasiya Court, Hazratganj, Lucknow, UP.
2. Imarticus Learning Private Limited, 5^th floor, B-Wing, Kaledonia, HDIL Building, Saha Road, Andheri East, Mumbai.

 

                                                                   …..Opposite Parties

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

      Ms. Sarvjeet Kaur…..Member

 

Argued by:  Complainant in person.

                    OPs exparte, vide order dated 20.11.2024.

                   

                     (Sarvjeet Kaur, Member)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that OPs approached the complainant and encouraged the complainant to get admission to their institute. Under the influence of the OPs, complainant has taken admission to Post Graduate Program in Data Analytics and Machine Learning in the institute of OPs and the duration of that course was ten months. OPs asked the complainant that she would have to make the payment of Rs.1,65,000/- to them. Firstly, complainant had paid Rs.20,000/- to the OPs on account of the registration fees as demanded by the OPs. After that complainant asked to pay the remaining amount of Rs.1,45,000/- in 12 equated monthly installments of Rs.12,500/-. Accordingly, complainant paid the said amount through her credit account. In this way complainant has paid total Rs.1,65,000/- to the OPs. It is further averred that OPs also assured the complainant of  her placement starting from a minimum of Rs.25.00 lakh per annum just after completing the above course. OPs even undertook that if they failed to provide job placement to the complainant, they would return the entire amount of said course alongwith interest to the complainant. Thus, on the assurance of the OPs, complainant started doing the abovesaid course and ultimately, complainant completed the course of Post Graduate Program in Date Analytics and Machine Learning. After waiting sufficiently, when OPs did not provide the job placement, the complainant started sending emails to the placement head Shri Manish Kumar and other representatives of the OPs for placement but despite receiving all the emails sent by the complainant, the OPs have failed to provide job placement having minimum package of Rs.25.00 lakhs per annum to the complainant as promised and assured by them at the time of taking admission in the institute of OP. When all the efforts made by the complainant went in vain, then complainant requested the OPs to refund the entire amount of said course received by them from the complainant. Firstly, OPs agreed to refund the aforesaid amount but thereafter postponing the matter on one pretext or the other and lastly refused to refund the abovesaid amount. OPs have committed fraud with the complainant by making false assurances caused mental pain, agony and harassment. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence complainant filed the present complaint seeking direction to the OPs to refund the payment of Rs.1,65,000/- alongwith interest @ 24% per annum and Rs.2,00,00/- on account of causing mental agony and for serving deficiency in service and Rs.5000/- on account of litigation expenses.

2.             On notice, OPs did not appear despite service and opted to be proceeded against exparte, vide order dated 20.11.2024 of the Commission.

3.             Complainant has tendered into evidence his affidavit Ex.CW1/A, whatsapp chat of batch students stating that no one got placed Ex.C1, copy of invoice of fees paid Ex.C2, copy of admission letter from the OPs Ex.C3, copy of emails follow up with placement team and program coordinators Ex.C4, pen drive containing call recording of admission coordinator Kriti Dohrey accepting the promise made and now it was not fulfilled Ex.C5, email followup by other students stating placement concerns Ex.C6 and closed the evidence today i.e. 17.12.2024 by suffering separate statement.

4.             We have heard the complainant and gone through the record available on the file carefully.

5.             Complainant has alleged that on the allurement of the OPs, she has taken admission to Post Graduate Program in Data Analytics and Machine Learning in the institute of OPs and the duration of that course was ten months. She paid Rs.1,65,000/- for that course to the OPs. At the time of admission, OPs assured the complainant of her placement starting from a minimum of Rs.25.00 lakh per annum but till today OPs did not provide the job placement. Complainant approached the OPs several times and requested to provide the placement but OPs did not bother the request of complainant.  After waiting sufficiently, complainant requested the OPs to refund the entire amount of said course received by them but OPs did not pay the same. The onus to prove her version was relied upon the complainant. To prove her version, complainant has placed on file whatsapp chat Ex.C1 of batch students, copy of invoice of fees paid Ex.C2, copy of admission letter from the OPs Ex.C3, copy of emails follow up with placement team and program coordinators Ex.C4, pen drive containing call recording of admission coordinator Kriti Dohrey accepting the promise made and now it was not fulfilled Ex.C5, email followup by other students stating placement concerns Ex.C6. On perusal of the abovesaid documents, it is clearly evident that OPs have not provided the job placement to the complainant as promised by them at the time of admission. To rebut the said evidence produced by the complainant, OPs despite service did not appear and opted to be proceeded exparte. Hence, the evidence produced by the complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same. Complainant has paid Rs.1,65,000/- to the OPs but OPs neither provided the job placement nor refunded the fees paid by him. Thus, the act of the OPs amounts to deficiency in service and unfair trade practice

6.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to refund the amount of Rs.1,65,000/- to the complainant. We further direct the OPs to pay Rs.10,000/- to the complainant on account of mental, pain agony and harassment and towards the litigation expenses. This order shall be complied with within 45 days from the receipt of copy of this order. It is made clear if the awarded amount is not paid by the OPs within stipulated period then this amount will carry interest @ 9% per annum from the date of announcement of this order till its realization.  The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated: 17.12.2024  

                                                          

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

 

            (Sarvjeet Kaur)

                 Member