Hello
@Himani
I'm sorry to hear about your experience with The Tourism School. Based on the information provided, it appears that you enrolled in a course, paid ₹20,000, attended a single class, and were then asked to pay an additional ₹20,000 before receiving course materials. Upon requesting a refund, your request was denied. This situation may constitute a deficiency in service under the Consumer Protection Act, 2019.
Summary of Your Complaint
- Institute: The Tourism School
- Course Enrolled: Schengen Visa Course
- Amount Paid: ₹20,000
- Issue: After attending one class, you were asked to pay an additional ₹20,000 to access course materials. Upon refusal and request for a refund, the institute denied the refund, citing their policy.
Steps Taken Before Filing the Case
- Enrollment and Payment: You enrolled in the course and paid ₹20,000.
- Attended One Class: Participated in a single class session.
- Additional Payment Request: Were asked to pay an additional ₹20,000 to access course materials.
- Refund Request: Upon refusing to pay more, you requested a refund, which was denied by the institute.
Legal Considerations
Under the Consumer Protection Act, 2019, consumers have the right to receive services that are free from deficiencies. In this context, a deficiency refers to any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance required to be maintained by or under any law or as is claimed by the service provider.
In your case, the institute's failure to provide the promised course materials after the initial payment and their demand for additional payment could be seen as a deficiency in service.
Recommended Course of Action
- Send a Legal Notice:
- Draft a formal legal notice to The Tourism School, detailing your grievances and demanding:
- A full refund of ₹20,000
- Compensation for mental distress and inconvenience
- Provide a reasonable timeframe (typically 15 days) for them to respond.
- File a Complaint in the Consumer Forum:
- Jurisdiction: Since the amount involved is ₹20,000, the complaint falls under the purview of the District Consumer Disputes Redressal Commission.
- Procedure:
- Prepare a detailed complaint outlining all facts, supported by relevant documents (receipts, communication records, etc.).
- Submit the complaint along with the requisite court fee.
- Attend hearings as scheduled and present your case.
- Seek Compensation:
- In your complaint, request:
- Refund of ₹20,000
- Additional compensation ₹ 50,000/- of for mental agony and litigation costs.
- Litigation charges - ₹ 5,000
Important Considerations
- Documentation: Maintain a comprehensive record of all interactions with The Tourism School, including payment receipts, emails, and any written correspondence.
- Timeliness: Act promptly to avoid any statutory limitations that might bar your claim.
- Legal Assistance: Consider engaging a legal professional to assist with drafting the legal notice and representing you in the consumer forum.
By following this structured approach, you can effectively seek redressal for the grievances faced due to The Tourism School's failure to provide the promised services.
Important Tip:
Before taking legal action, it is advisable to first send a legal notice to the Opposite Party.
Note:
We can assist in:
- Drafting professional legal notices.
- Filing consumer complaints for deficiency in service.
Feel free to contact us if you wish to proceed with a
legal notice draft or
complaint preparation.
Regards,
Support Team
