State Consumer Disputes Redressal Commission
Meena Gupta vs Mr.Anand Yalvigi & Anr. on 22 December, 2008
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI FIRST APPEAL NO. 357 OF 2008 Date of filing : 04/03/2008 IN CONSUMER COMPLAINT NO. 165 OF 2006 Date of order : 22/12/2008 DISTRICT CONSUMER FORUM : MUMBAI SUBURBAN Meena Gupta Bldg. No.5, Flat No.66, Hill View Society, Sardar Nagar No.4, Sion-Koliwada, Mumbai-400 037. Appellant/org. complainant V/s. 1. Mr.Anand Yalvigi Room No.1, Vishwas Co-op. Hsg. Society Makrand Ghanekar Marg, Azad Road, Vileparle (E), Milan Subway, Mumbai 400 057. 2. Hattrick Sports Management Room No.1, Vishwas Co-op. Hsg. Society Makrand Ghanekar Marg, Azad Road, Vileparle (E), Milan Subway, Mumbai 400 057. Respondents/org. O.Ps. Corum : Justice Mr.B.B. Vagyani, Honble President Shri S.R. Khanzode, Honble Judicial Member
Present: Appellant Smt.Meena Gupta in person.
Mr.Supratik Roy, A.R. for the respondent No.2.
- : ORAL ORDER :-
Per Shri S.R. Khanzode, Honble Judicial Member This appeal arises out of order/award dated 29/01/2008 passed by Mumbai Suburban District Consumer Forum in consumer complaint No.165/2006, Meena Gupta V/s. Mr.Anand Yalvigi & Anr. Learned Forum below partly allowed the complaint and directed O.P.No.2-Hattrick Sports Management (respondent No.2 in this appeal) to pay Rs.9,500/- (towards refund of fees) and compensation of Rs.1,000/- within period of one month and failing which to pay interest @ 9% p.a. on it. Complainant-Meena Gupta being not satisfied with the said order, preferred this appeal. There is no appeal filed by O.Ps.
Controversy in nutshell is that, respondent No.2/O.P.No.2 Hattrick Sports Management started Cricket Coaching Camp. Complainant had taken admission for her two young sons namely Kartikeya and Keertikeya (aged 16 & 13) for said coaching in the year 2004-05. According to her, one of her son was not adjusted for portion of the training, which remained incomplete due to exam and other busy schedule (as earlier categorically informed at the time of taking admission) in the next coaching season by the Academy for both the sons. The training given was not also as per standards prescribed in the offer document. Many well known cricketers though mentioned, actually did not participate in the coaching camp. Other facilities at Matunga Gymkhana ancillary to the cricket coaching camp were not given. She therefore filed a consumer complaint for recovery of fees as well as for compensation for mental agony and physical strains, she had undergone at the hands of O.Ps.
O.Ps. did appear and resisted the claim stating inter alia that there were no shortfalls in the training or facilities offered and there is no deficiency of service on their part. Even they had offered 18 days free coaching to Keertikeya, which was not accepted and availed by complainant stating that it was not offered as per the contract, but on sympathetic or charitable ground.
We heard appellant/org. complainant-Smt.Meena Gupta in person and Mr.Supratik Roy, Authorised Representative for the respondent No.2.
We have also called original Record & Proceeding of the complaint and perused the same along with record of this appeal. Record & Proceeding was called specifically since at the time of arguments, respondent No.2 argued and submitted that reputed cricketers including Mr.Ajit Wadekar participated in the coaching camp and evidence of such participation, i.e. photographs were submitted before the Forum below. Such record was not before us in the appeal. Therefore, Record & Proceeding were called and examined. There is no such record found as presented before the Forum below in the Record & Proceeding of the complaint.
Referring to the pamphlet offering them cricket coaching camp titled as First Time ever in Mumbai, Learn Cricket with International and National Stars. It also projected Mr.Ajit Wadekar, Padmashree, as Director Coaching and visiting coaches were mentioned as Abbey Kuruvilla, Sanjay Bangar, Paras Mhambrey, Ramesh Powar, Robin Morris and many more. Regular coaches were Anand Yalvigi (Respondent No.1), Vinod Raghavan, Amit Velaskar, all Ranji Trophy Players. Respondent No.1-Mr.Anand Yalvigi was actually a coordinator and there is no evidence on record to show that other Cricketer Celebrities such as Mr.Ajit Wadekar, Ramesh Powar, etc. were actually participated in the coaching camp, so that trainees would be benefited.
Above referred pamphlet also offering facilities, Gymnasium, Swimming, Yoga, Complete Cricket Clothing & Kit, Video Analysis, Lots of Cricket Matches and Nutritional Diet for each of the cricket player after every practice session. It is the grievance of complainant that swimming was started much late and other facilities including video analysis of the game of trainees was only on paper and no services of that kind were made available or given to the trainees including her sons. Her grievance appears to be well founded.
In a Students Contract, as per paragraph 5, it was mentioned that entire cricket coaching will be on the lines of the Indian National Cricket Academy and Australian Cricket Academy, which are two best coaching manuals in the World. Complainant has grievance about non-maintaining such standard to some extent. Her such contention also can be accepted, particularly in the background stated earlier and in absence of any written document prescribing as to what is nature of norms prescribed.
In the original Record & Proceeding of the complaint, copy of attendance register of the trainees including children of complainant was also produced by the O.Ps. One son Kartikeya appearing at Sr.No.4 had received regular training for the month of November to March and thereafter, he was absent. Another son Keertikeya appearing at Sr.No.27 received training for the days of his presence during the period November to May. These aspects were taken into consideration by Learned Forum below while awarding a relief as to the refund of fees. We find no reason to take departure from it.
As far as compensation is concerned, it was only awarded at Rs.1,000/- towards mental torture. This amount we find is not adequate particularly considering the fact that many of the facilities promised, supra, were not actually offered and then trainees had a shortfall of guidance of reputed and celebrity cricketers. Such shortfalls need to be compensated in a proper manner. We uphold spirit of complainant for not accepting as charity or on sympathetic ground and what she was expecting is her rightful claim. Under the circumstances, we find she will be entitled to get compensation of Rs.5,000/- and amount of compensation is modified accordingly.
Learned Forum below did not grant any cost to which complainant is legitimately entitled. We also consider this aspect while passing the final order.
For the reasons stated above and conclusions arrived at supra, we pass the following order :-
-: ORDER :-
1.
Appeal is allowed with cost of Rs.5,000/- (through out).
2. In the operative part of the impugned award instead of Rs.1,000/- (towards compensation) substitutes figure of Rs.5,000/-.
3. Rest of the impugned award is confirmed.
4. Appeal stands disposed of accordingly.
5. Record & Proceeding be sent back to Forum below.
6. Copies of the order be furnished to the parties.
(S.R. Khanzode) (B.B. Vagyani) Judicial Member President dd.