SMT.MOLYKUTTY MATHEW : MEMBER
This is a complaint filed by the complainant U/S 35 of the Consumer Protection Act 2019 for an order directing the OPs to pay an amount of Rs.2,49,500/- to the complainant being the course fee , compensation for mental agony caused to the complainant and loss of earnings to the complainant for the deficiency of service and unfair trade practice on the part of OPs.
The brief of the complaint :
The complainant had approached the OP’s in the year 2022 for joining an online training programme in the field of stock market, ie, personal mentorship Trading programme. The 2nd OP assured the complainant that they provide the most advanced concept in the field of trading like “Elliot wave strategies”, crypto currency etc. The 2nd OP sent the syllabus of the said programme to the complainant through whats app on 29/8/2022. The complainant joined the programme in 1st OP’s institution on 11/9/2022 and he transferred the course fee amount as per Google pay from the complainant’s Federal Bank account bearing No.11270100374483 of Taliparamba branch to 2nd OP’s account. At the time of joining the programme the complainant was working as machine and maintenance staff in Alpha packaging, Kinfra at Taliparamba. From the beginning itself the complainant was not satisfied with the classes provided by OPs because he paid course fee for learning the most advanced concept like Elloit wave strategies. Sometimes the complainant had to stay all night at his work place and joined the classes from the next day. Then the OPs insisted the complainant to quit the job and concentrated on the basis in market study. After consulting with 2nd OP the complainant reg
signed his job and fully concentrated the classes and he requested the OPs to teach Elliot wave strategy, crypto currency, etc. After few weeks the OPs informed the complainant that they are not conducting classes on Elliot wave concepts, crypto currency etc as there are no experts available in the institute to teach such advanced methods. But contrary to te representation and assurance of OPs the OPs excluded the Elliot wave concept, crypto currency from the course. The act of OPs the complainant caused much mental agony and financial loss. He lost his job and he was earning an amount of Rs.12500/- per month. So there is deficiency of service and unfair trade practice on the part of OPs. Hence the complaint.
After filing this complaint, notice issued to both OPs . Both OPs notice returned as “not known”. Then the complainant takes substituted service against both OPs and paper publication produced. Hence both OPs’ name called absent . Ultimately the commission had to hold that the OPs have no version filed before the commission as such this case came to be proceed against the OPs are absent and set exparte.
Even though the OPs remained absent in this case, it is for the complainant to establish the allegations made by him against the OPs. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. The complainant was examined as PW1. So the OP remained absent in this case. At the end the Commission heard the case on merit. Accordingly the complainant has chosen to produce his affidavit along with 6 documents marking them as Exts.A1 to A6. Ext.A1 is the copy of lawyer notice . Ext.A2 is the postal receipt. Ext.A3 is the reply notice.Ext.A4 is the syllabus provided by 2nd OP to the complainant. Ext.A5 is bank A/c statement of the complainant for the period from 1/9/2022 to 30/9/2022. It clearly shows that on 11/9/2022 the complainant transferred Rs.24500/- to 2nd OP’s account. Ext.A6 is the screen shot of conversation of both parties whats app message dtd.29//8/2022. As per Ext.A3 the 2nd OP admitted that the complainant had joined the personnel mentorship trading programme conducted by 2nd OP and he received an amount of Rs.24,500 /- from the complainant towards the course fee. Moreover 2nd OP also states that the exclusion of Elliot wave strategies was known to the complainant from the beginning of the class itself. But the 2nd OP have not provided a course completion certificate to the complainant. So the act of OPs the complainant caused much mental agony and financial loss. The assurance of OPs the complainant constrained to resign his job also. So the OPs are directly bound to redressal the grievance caused to the complainant. So there is deficiency of service and unfair trade practice on the part of OPs. Under this circumstances we are of the considered view that 2nd OP is liable to refund Rs.24500/- to the complainant as the course fee already paid by the complainant to 2nd OP along with OPs 1&2 are jointly and severally liable to pay Rs.37500/- as compensation for mental agony and loss of earning to the complainant and Rs.8000/- as litigation cost.
In the result, the complaint is allowed in part directing the 2nd opposite party to refund an amount of Rs.24500/- to the complainant as the course fee already received from the complainant along with OPs 1&2 are jointly and severally liable to pay Rs.37500/- as compensation for mental agony and loss of earning to the complainant and Rs.8000/- as litigation cost within 30 days of receipt of this order. In defaults the amount of Rs.24500/- carries interest @12% per annum from the date of order till realization. Failing the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts:
A1- Copy of lawyer notice
A2-postel receipt
A3- reply notice
A4-syllabus
A5-Certified copy of bank a/c statement
A6-Copy of the screen shot of whats app message.
PW1-Telex sunny-complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
