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The District Consumer Redressal Forum at Bengaluru has ordered a coaching Institute liable under 'deficiency of service' upholding the consumer protection Act to refund the fee collected from a father whose daughter failed in her exams of class 9th.
As per the complaint filed by Trilok Chand Gupta, it was put forth that relying on the promises and confidence made by the institution he paid Rs.69,408 to admit his daughter who is studying in class 9 at the institute. The institute had assured that keen and special focus will be laid on important subjects like Physics, Chemistry, Maths and Biology in addition to the ICSE course subjects as a part of the curriculum but after few months of regularity, their service was not at all good as they conveyed. It was alleged in the complaint that 'no additional classes were conducted and after a while, even regular classes were not conducted properly which resulted in scoring bad marks which led to her failing in all the subjects in the final test held at the school' and 'before conducting the weekly tests, the answers were given in advance so that the students could secure more marks in the exam'. The complaint said these issues were brought to the notice on conducting the parent-teacher meeting. However, no proper action was taken by the institute except giving empty and lame promises. Hence, the petitioner decided to withdraw her daughter from the institute and ask for a refund of the entire amount for not keeping up words and promises.
The institute defended before the inquiry commission not accepting all the allegations and claimed that it was providing quality services as per its promises. Moreover, the complainant has not put forth any documents as proof or evidence to prove deficiency on the institute part. Anyhow, the institute as a goodwill gesture agreed to refund a sum of Rs. 26,014, even though Rs. 5,119 is the amount the complainant must be received as per the refund policy. Finally, after the court hearing, the bench led by President S.L.Patil held that the opposite party J.C.Chaudhry, the Managing Director of Akash Institute, and Lavanya, the Branch Head of the complainant's residence, Rajajinagar be jointly liable to refund a sum of Rs26,250 with litigation cost of Rs. 5,000, to Trilok Chand Gupta, complainant within six weeks from the date of this order. Moreover, it issued a 6% interest rate p.a on failing to repay the amount mentioned till repayment.
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