• Didn't got services form a company as promised during purchase

I purchased a package from a Company Plancess. It was video lectures for my IIT preparations, and two other services:-
1. Online Test Series
2. Guru Guidance Programme.
Now the Guru Guidance programme was that I would have alloted a personal IITian whome i could call (on some specific time only) If I had any kind of problems in my studies.
But they closed the Guru Guidance service, and one day when I contacted Plancess. They just told me that this service is now closed. You can rather get in touch with your IITian Mentor Through e-mail.
As well as they closed their present test series and provided me the access to some different Test Series named Preplane.
Now if i want to go to Consumer Court. Will I win the case? As how can i prove that they closed my Services. As my services are just going to expire in few days. So how will I be able to proof that they actually did so and so with me.

Now i have few Specific Questions.
1.) Is there any probability of me winning the case and if Ye, what is the approx chances.

2.) What is the approx fine I can get from the company as i saw a case of a mumbai girl, getting 3 lakh as fine and refund of her fee which was Rs.54000.
As my fees for all was Rs.24000 approx. What can i expect. as my JEE exam score which was the package for is also very poor.
The link for the case i am referring above is below:
http://www.ndtv.com/mumbai-news/mumbai-girl-sues-coaching-class-for-low-hsc-score-wins-rs-3-lakh-1412654

3.)What would be the procedure of me in order to lodge the case, and what will be the total expenses (including lawyer and all) assuming that i wouldn't go for a high class lawyer.

I request the answers for my questions and some suggestions if there are any which you would like to give me..

Thank you for your Support.
Asked 8 years ago in Business Law

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6 Answers

1) have you raised grievance with the company in writing that you had paid the fees on basis of guru guidance scheme?

2) did the company give any reply?

3) if you have raised grievance and company did not offer on call services you have good case on merits

4) file complaint before consumer forum against the company and seek refund of fees paid with interest

5) you can seek litigation costs and compensation

6) compensation is at the discretion of consumer forum

7) contact a local lawyer who appears regularly before consumer forum

8) dont engage high profile lawyer as litigation is an expensive proposition .

9) legal fees vary

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

1. This is a clear cut case of deficiency in services promised to be given. You can file a complaint case in the consumer forum to claim recovery of amount paid with compensation. You stand a fair chance, thats all I will say.

2. You can even recover the lawyer's fee from the company. The expenditure should be nominal.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) expenses for drafting complaint only would be Rs 10000 or more

2) you have to pay advocate for each date of hearing

3) visit consumer forum in your district and you will find out lawyers who appear regularly

4) in every city there is consumer forum . Do Google search for consumer forum in Patna

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

1. Yes very much.

2. Check this portal for local lawyers.

3. There is consumer forum in Patna for sure.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Now if i want to go to Consumer Court. Will I win the case? As how can i prove that they closed my Services. As my services are just going to expire in few days. So how will I be able to proof that they actually did so and so with me.

Have you got their said answers in writing?

If they have communicated their decision to deprive the services offered at the time of buying, get them in writing by sending a communication to them in writing demanding the services as promised, secure their reply as evidence and then approach consumer forum for relief and compensation.

1.) Is there any probability of me winning the case and if Ye, what is the approx chances.

It depends on how you present and fight your case with the support of documentary evidences. Winning the case cannot be predicted by anyone but you may get relief if your case is genuine.

2.) What is the approx fine I can get from the company as i saw a case of a mumbai girl, getting 3 lakh as fine and refund of her fee which was Rs.54000.

As my fees for all was Rs.24000 approx. What can i expect. as my JEE exam score which was the package for is also very poor.

Dont leave this prediction work to the lawyers, because we are not astrologers who can predict what is in the mind of the judge or presiding judicial officer of the consumer forum.

You may seek compensation to any extent and justify your claim accordingly, it is for the forum to decide about the quantum of compensation or even whether you are entitled to any relief also.

3.)What would be the procedure of me in order to lodge the case, and what will be the total expenses (including lawyer and all) assuming that i wouldn't go for a high class lawyer.

You can appear as a party in person before the consumer forum with your case. For party in person the procedures will not be very hard to follow. You will be guided with the formalities to be complied with by the staff of the forum you may approach. You dont require an advocate to file this case and since you know the fact of the case you can argue the case yourself. That way you can save the advocate's fee.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Q1.) Can the total expense be within Rs.10000 as in the case of that mumbai girl, the court ordered to give Rs.10000 to the girl as court expenses.

Firstly stop comparing your case with any other case, that may be a different situation and your is totally a different one. You may get more or may not get any, you cannot claim it as a right comparing the other case.

Q2.) Is there any way to find a lawyer who appears regularly before consumer forum in my City Online?

You have to find one through your own sources.

Q3.) Where is the Consumer Court? Means I found that there are consumer forums at District level also which takes care of cases of below 2 million. (through wikipedia)

So is there any Consumer Court in Patna?

Every district of the country is equipped with a consumer court, Patna is definitely having one, you may enquire it from a local court.

Q4.) Is there any website or any way in which, I can learn more about Consumer Courts and lawyers?

confonet.nic.in

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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