BRILLIANT CLASSES Vs. B M GUPTA

JUDGEMENT

(1.) Petitioner herein M/s. Brilliant Classes at A-1-20 was the Opposite Party before the District Forum.

(2.) The complaint before the District Forum was filed by B.M. Gupta, guardian of Ms. Preeti, student of class 11th who had taken up preparatory course of Engineering/medical 2006-07, against the Petitioner and its branch at Dwarka, Opposite Party No.2 (before the District Forum). According to the allegation made in the complaint the preparatory course was proposed to be conducted by the Petitioner at Dwarka and was to be managed by OP No.2. The location of the Dwarka institute was suited to the Respondent being close to their residence. Allured by the misleading advertisement and prospectus marked as annexure P-2 and P-1 with the complaint and information given, ward of respondent took admission in the Petitioner's institute and paid a sum of Rs.20,000/-. Study Centre at Dwarka was not opened by the Petitioner. Respondent's ward had to travel from her place of residence to Janakpuri where Petitioner was running the course. Mathematics teacher was not available as he had gone out of country. Respondent's ward, after attending the class for some time, withdrew herself and requested Petitioner to refund the sum of Rs.20,000/-. It was alleged that the Petitioner was deficient in service in not opening its branch at Dwarka and also the teacher for mathematics was not available.

(3.) Petitioner and Opposite Party No.2, on being served entered appearance and filed a common reply. They denied averments made in the complaint. It was stated therein that the ward of the respondent having taken admission and attended classes for some time, could not claim refund of the fee which was paid to them. Other objection taken was that the complaint was not maintainable as the same had been filed by the guardian of the complainant and not the complainant herself. District Forum after taking into consideration the pleadings as well as evidence led by the parties allowed the complaint and directed the Petitioner to refund the sum of Rs.20,000/- to the Respondent along with Rs.5000/- towards compensation and costs. District Forum recorded the following findings in support of its conclusion: