Chandigarh

DF-II

CC/222/2019

Sanjeev Gupta - Complainant(s)

Versus

FIITJEE Ltd. - Opp.Party(s)

Tapish Kumar Gupta Adv.

09 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	222 of 2019
Date  of  Institution	:	11.04.2019
Date   of   Decision	:	09.11.2022

 

 

 

 

Sanjeev Gupta s/o Sh.C.R.Gupta, earlier R/o House NO.3339/1, Sector 27-D, Chandigarh, presently residing at H.No.1199/1, Sector 18-C, Chandigarh 160018

             …..Complainant

Versus

1]  FIITJEE LTD., having its office at FIITJEE House 29-A, Kalu Sarai, Sarvapriya Vihar (Near Hauz Khas Bus Terminal), New Delhi – 110016 through its MD/Authorized Officer.

2]  FIITJEE Chandigarh Centre having its Office at SCO No.321-322, Sector 35-B, Chandigarh 160022 through its MD/Manager/Authorized Officer.

   ….. Opposite Parties 

 

BEFORE:  SMT.PRITI MALHOTRA      PRESIDING MEMBER

         SH.B.M.SHARMA                     MEMBER 

                               

 

 

Argued by :- Sh.Tapish Kumar Gupta, Adv. for complainant.

  Sh.Vivek Lamba, Adv. For OPs.

 

 

PER B.M.SHARMA, MEMBER

 

         The case of the complainant precisely is that the complainant, in order to get his son prepared for competitive test of JEE, got him – Nalin Kumar Gupta, a Class-10^th Student, admitted with OP Institute on 24.12.2017 under Three  Year Program for JEE (Advance), 2021 covering 10^th and non-Medical Stream of 11th & 12^th Class. The total fee agreed for said Three Year Program was Rs.1,50,844/- out of which Rs.16,875/- was paid though demand draft and Rs.2500/- was paid online, whereas 8 post-dated cheque were issued for balance amount (Ann.C-1 Colly.).  The son of the complainant attended the OP Classes for 10 months from April, 2018 to Jan.,2019, for 10^th class and he found that the course adopted by OPs is not satisfactory and methods followed by them are not upto mark.  As such, the complainant requested OP No.2 to refund the balance fee of two years charged by it in advance for 11^th & 12^th class coaching which comes to Rs.62000/- and also requested not to present the post-dated cheques collected from him.  It is stated that the son of the complainant did not attend any classes of OPs for +1 & +2 and well before start of academic years of said classes, the complainant sought refund of the balance amount (Ann.C-3).  However, the OPs instead of refunding the balance amount taken in advance for two years coaching, per request of the complainant, still presented the post dated cheques and got encashed an amount to the tune of Rs.62000/- for +1 & +2 session which the son of complainant never attended.  Thereafter, also the complainant visited the OPs seeking refund, but to no avail. Hence, this complant.

 

2]       The OPs have filed joint reply and while admitting the factual matrix of the case, stated that son of complainant namely Master Nalin Kumar Gupta was enrolled with it in Three Year Classroom Program for JEE (Advanced 2021) Weekend Contact Classes. It is stated that the complainant, after understanding all the terms & conditions of enrolment agreement duly filled & signed enrolment form voluntarily and submitted it to OP for enrolment of his son Nalin Kumar Gupta.  It is also stated that the complainant was given waiver of Rs.1,08,443/- on total course fee. It is submitted that the complainant paid a sum of Rs.42,458/- to the OP towards the part payment of course fee (Ann.OP-4).  It is also submitted that the son of complainant attended the course for complete one year and had left the course voluntarily in midway without any fault of OP.  It is further submitted that the complainant had not even made the complete payment of the course fee.  It is submitted that the fact of issuance of post-dated cheques are not denied as the same were issued towards part payment of remaining fee as the complainant is/was under obligation to pay the complete course fee as per terms of enrolment agreement.  It is also submitted that the complainant himself had choose to withdrew from the course voluntarily without any fault of the OPs and hence cannot blame the OP for any deficiency in service. It is stated that OP provides specialized coaching/training and guidance for IIT-JEE competitive examination, as the complainant and his son was well aware of it before taking admission in OP Institute. It is pleaded that the seat vacated by the complainant in the Two Year CRP for JEE (Advanced) Regular Week Contact Classes remained vacant and has not been filed and the same remained vacant through the course duration to maintain the quality and uniformity and therefore the institution is entitled for the fee of the program and not entitle to refund any fee. Pleading no deficiency in service and denying other allegations, the Opposite Party has prayed for dismissal of the complaint. 

 

3]       Replication has also been filed by the complainant reiterating the assertion as made in complaint and controverting that of OPs made in their reply. 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have also perused the entire record.

6]         The OP Company/Centre – FIIJEE Limited is not an accredited academic institution affiliated with any Board or University and is merely a Coaching Centre for providing Coaching to the students who aspire for admission to engineering/ technical institutions. The Opposite Parties undoubtly are in dominating position and as such maneuvered to get the signature of parents of students on pre-settled printed enrollment undertaking. The parents under duress sign such undertaking with an anxiety to get their ward admitted for best coaching to enable him/her for better performance in the competitions for admission to high ranked engineering/technical institutions/ universities.  This is nothing but an emotional exploitation and cannot be acquiesced. If any child, after joining the coaching institute, failed to cope up with the coaching schedule for the reasons whatsoever, or is not satisfied with the standard of coaching or the environment at the coaching institute, he cannot be penalized by way of forfeiture of his money, which has been deposited by his parents with such coaching centre.  The Coaching Centres are entitled legally to charge fee only for the services, which they actually provide to the student and not more than that.

 

7]       Per record, it is established that the son of complainant attended 10^th Class coaching being first year coaching with OP Centre and did not attend remaining two years coaching for +1 & +2 being not satisfy with their methods of teaching and it being not upto mark and thus the complainant made a request for the refund of the fees paid by him for the balance period, but the Opposite Parties did not bother to refund the same. It is settled proposition of law that no fee (including advance fee) can be illegally held by the Opposite Parties for the period for which no coaching/service is being availed by the Complainant. Hence, there is deficiency in service is made out against the OPs.

 

8]       Moreover, the OPs also indulged into unfair trade practice by charging complete fee of three years coaching in advance from complainant in one go by means of demand draft, transfer and post-dated cheques, which is also illegal.

         Therefore, there is clear cut deficiency in service as well as unfair trade practice on the part of OPs. 

 

9]       Taking into consideration the facts & circumstances of the case and discussion made in preceding paragraphs, the complaint is allowed with directions to the Opposite Parties No.1 & 2 to refund the balance fee of Rs.62,000/- to the complainant along with interest @12% p.a. from the date of filing complaint i.e. 11.4.2019 till realization. The Opposite Parties No.1 & 2 are also directed to pay litigation cost of Rs.7000/- and compensation of Rs.15,000/- to the complainant for the mental agony & harassment caused to him due to their deficient act.

         This order shall be complied with by the Opposite Parties No.1 & 2 within a period of 45 days from the date of receipt of copy of this order, failing which they shall be liable to pay additional compensatory cost of Rs.10,000/- apart from the above relief.

        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

9^th November, 2022                                                                                                                                                                 Sd/-

(PRITI  MALHOTRA)

PRESIDENT

 

 

 

Sd/-

 (B.M.SHARMA)

MEMBER