Delhi

North

CC/43/2020

ANKUSH - Complainant(s)

Versus

M/S. EDUHEAL COACHING - Opp.Party(s)

25 Jan 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No.: 43/2020

Sh. Ankush,

S/o Sh. Lal Ji

R/o M-80, Gali No.6,

Shastri Nagar, Delhi-110052                               ...                Complainant

                                                          VS

Sh. Anand Shankar

M/s. Eduheal Coaching

Flat No. 109,

DDA Flat, Pocket-1, Sector-23,

Dwarka, Bagdola, South West,

Delhi-110077      

also at:-

M/s.Eduheal Coaching,

641, Banda Bahadur Marg,

Opposite Signature Apartments,

Dr. Mukherjee Nagar,

New Delhi-110009.                                                        …       Opposite Party

ORDER

25/01/2023

Ashwani Kumar Mehta, Member:

 

          The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts as alleged by the Complainant in the Complaint in hand are that the Complainant had taken admission to the coaching classes of the Opposite Party on 04.12.2019 for an SSC- CGL 6 month course and an amount of Rs.10000/- (Rupees Ten Thousand only) was paid as fees of the course in two instalments.  The last date of course was 11.01.2020 and out of the total 37 days of course, classes were conducted by the OP only for 14 days. Thereafter, the classes were closed in the middle of the course without any valid reason and as such, about 23 days, out of total 37 days were given off without any prior reason. Besides, most of the topics which were taught in the classes for 14 days, were also not taught properly and various topics touched upon in those days were all incomplete. It has also been alleged that at the time of admission, the venue shown for classes was very well equipped, cleaner and well ventilated but the venue was changed before the classes commenced. The new venue was very dirty, there was no proper electricity supply and all environment was unhygienic where it was very hard for the students to focus on studies. The students including Complainant, complained about the lack of facilities and poor quality of teaching but all these issues were never addressed. The OP has also failed to provide any Assignment, I-card, Study Material etc. till date and did not refund the fee to the complainant. Therefore, the present complaint has been filed before this Commission praying that the OP be directed to refund the fees Rs.10000/-with interest @24% per annum alongwith Rs.5500/- as damages/legal charges & other losses.

 

    Accordingly, notice was issued to the OP to defend the complaint before the commission but the OP neither appeared nor did he send any communication despite service of the notice. As such, the OP has been proceeded ex-parte and the case has been examined on merits on the basis of the records/documents and evidences available on records which is sufficient to prove that there is certainly a deficiency of service on the part of the OP in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer. Therefore, the Complainant is entitled for refund of fee alongwith compensation. Though the Complainant has claimed Rs.5500/- as damages/legal charges & other losses, we are inclined to grant compensation of Rs.10000/- (Rs. Ten Thousand only) in terms of the provisions of Section 39 of Consumer Protection Act,2019 because the young aspirant of SSC- CGL Examination might have missed the opportunity of getting employment in the absence of proper coaching.

 

Therefore, we feel appropriate to direct the OP (M/s. Eduheal Coaching) to pay Rs.10000/- (Rupees Ten Thousand only) within thirty (30) days from the date of this order, with interest at the rate of 9% p.a. from 16-03-2020 (date of filing of complaint) till the date of the payment. Besides, the OP is also directed to pay Rs.10000/-(Rupees Ten Thousand only) as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

 

Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

 

ASHWANI KUMAR MEHTA                                     DIVYA JYOTI JAIPURIAR

                       Member                                                                   President       

            DCDRC-1 (North)                                                    DCDRC-1 (North)