BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 27/12/2012

Date of Order : 30/04/2013

Present :-

Shri. A. Rajesh, President.

C.C. No. 818/2012

Between

And

O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant’s case are as follows :-

Fascinated by the assurances of the staff of the opposite parties, the complainant joined MBA Course with the opposite parties. In furtherance of the pursuation of the opposite parties, the complainant paid Rs. 25,000/- with the opposite party. On receipt of the amount, the 1^st opposite party issued a receipt in which it is stated that fees once paid are not refunded. The complainant came to know about the said clause only on receipt of the same. Since the fee structure of the opposite party is not affordable for the complainant due to her family situation, she could not

continue with the programme. Further, the complainant decided to continue with another course. The complainant requested the opposite parties to refund the amount, but there was no response. Thus, the complainant is before us seeking direction against the opposite party to refund Rs. 25,000/- with interest together with a compensation of Rs. 5,000/- and Rs. 1,000/- towards costs of the proceedings. This complaint hence.

2. In spite of receipt of notice from this Forum, the opposite parties failed to respond to the same for their own reasons. No oral evidence was adduced by the complainant. Exts. A1 to A4 were marked on her side. Heard the complainant who appeared in person.

3. The points that came up for consideration are as follows :-

1. Whether the complainant is entitled to get refund of fees from the opposite parties?

2. Whether the complainant is entitled to get compensation and costs of the proceedings from the opposite parties?

4. Point Nos. i. & ii. :- It is not in dispute that the complainant paid Rs. 25,000/- to the opposite parties towards fee for the course by name ’IDBE-PGP (B)’ dated 12-04-2012 evident from Ext. A2. Subsequently, the opposite parties issued Ext. A3 letter to the complainant stating the fee structure of the course. Since the fee structure was not viable for the complainant, she opted not to continue with the studies. Accordingly, the complainant requested the opposite parties to refund the amount, but to no avail. Now the question would arise, whether the complainant is entitled to get refund of the fee though in Ext. A3 the opposite parties

have stated that “fee once paid are not refunded.” It is pertinent to note that nowhere is it stated that the fee once received would not be refunded before accepting the amount from the complainant which amounts to unfair trade practice on the part of the opposite parties. Their absence in spite of notice from this Forum also cannot be countenanced. Moreover, the Hon’ble National Commission in Nipun Nagar Vs. Symbiosis Institute and International Business (1) 2009 CPJ 3 (NC) and in Sehgal School of Competition Vs. Dalbir Singh III (2009) CPJ 33 (NC)has taken the same view.

5. Point No. ii. :- For reasons of absence of the opposite parties in contesting the case, this Forum awards Rs. 2,000/- towards compensation and costs of the proceedings.

6. In the result, this Forum partly allow the complaint and direct as follows :-

1. The opposite parties shall jointly and severally refund Rs. 25,000/- to the complainant with interest at the rate of 12% p.a. from the date of complaint till realisation.

2. The opposite parties shall also jointly and severally pay Rs. 2,000/- towards compensation and costs of the proceedings.

The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 30^th day of April 2013.

Forwarded/By Order, Sd/- A. Rajesh, President.

Senior Superintendent.

A P P E N D I X

Complainant’s Exhibits :-

Opposite party’s Exhibits :: Nil

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