STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T., CHANDIGARH
First Appeal No. | : | |
Date of Institution | : | 20.06.2013 |
Date of Decision | : | 20.08.2013 |
Sajjan Kumar Gupta, Father of Master Nimish Goel, R/o H.No.3871/1, Sector 47 D, Chandigarh- 160047.
……Appellant/Complainant.
Versus
Manager/Centre Head, FIITJEE Limited, SCO No.321-322, 1stnd
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE:
Argued by:Sh. Sajjan Kumar Gupta, appellant in person.
Respondent already exparte.
PER DEV RAJ, MEMBER
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Fee head | Amount payable to FIITJEE | Service Tax | Total Amount of DD/PDC |
Admission Fee | 10,000 | 1,030 | 22,060 |
Infrastructure Fee | 10,000 | 1,030 |
Books & Study Material Price | 800 | - | 800 |
Examination Fee | 0 | 0 | 0 |
Tuition Fee | 3,300 | 340 | 3,640 |
Total | 23,380 | 2,400 | 26,500 |
Course commencement of Class XI in September 2012 |
Admission Fee | 20,000 | 2,060 | 46,326 |
Infrastructure Fee | 22,000 | 2,266 |
Books & Study Material Price | 1,100 | - | 1,100 |
Examination Fee | 0 | 0 | 0 |
Tuition Fee | 4,900 | 505 | 5,405 |
(AITS+GMP+RTPF) Fee | 0 | 0 | 0 |
RIP Fee | No fee is being charged | | Total | 46,900 | 4,831 | GRAND TOTAL | 72,100 | 7,231 | 79,331 |
Batch Details
Batch Commencement: April 2011 although academic inputs will be provided soon after enrollment in the form of SAT and Junior Science Olympiad & Mathematics Olympiad Foundation Package.
End of Session (First Year): Mid of December, 2011.
End of Session (Second Year): End of September/October 2012
End of Session (Third Year):Mid of November, 2013
After End of Session (Fourth Year), students will undergo Rank Improvement Program (RIP)….”
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Sr. No. | Mode | Inst. No. | Date | Amount (Rs.) |
1 | DD | 103260 | 19.02.2011 | 22,060.00 |
2 | PDC | 753781 | 24.03.2011 | 3,640.00 |
3 | PDC | 753782 | 08.08.2012 | 46,326.00 |
4 | PDC | 753784 | 08.09.2012 | 5,405.00 |
| | | Total | 77,431.00 |
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Sr. No. | Mode | Inst. No. | Date | Amount (Rs.) |
1 | DD | 103261 | 19.02.2011 | 800.00 |
2 | PDC | 753783 | 08.08.2012 | 1,100.00 |
| | | Total | 1,900.00 |
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“Kindly do not take admission at FIITJEE if the clauses of the declaration on the enrolment form along with the following amendment is not agreeable to you………
Specifically Declaration 7 is being reproduced hereunder:
Declaration 7: In addition to the above, I understand without any ambiguity, that the fee once paid is not refundable at all, whatever the reasons be, neither is it adjustable towards any other existing courses at FIITJEE or any yet to be launched nor towards the fee of any other
Declaration:
I/We the Father/Mother/Legal Guardian and/or the student hereby severally and jointly declare that I/we have read and understood all the clauses contained in the Declaration on the enrolment Form together with the above amendment and agree to abide by them without any reservation or ambiguity.”
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“In our view an educational institution can only charge prescribed fees for one semester/year, if an institution feels that any particular student may leave in midstream then, at the highest, it may require that student to give a bond/bank guarantee that the balance fees for the whole course would be received by the institute even if the student left in midstream. If any educational institution has collected fees in advance, only the fees of that semester/year can be used by the institution. The balance fees must be kept invested in fixed deposits in a nationalised bank. As and when fees fall due for a semester/year only the fees falling due for that semester/year can be withdrawn by the institution. The rest must continue to remain deposited till such time that they fall duo. At the end of the course the interest earned on these deposits must be paid to the student from whom the fees were collected in advance.”
19. , decided on 14.11.2011, it was held by the National Consumer Disputes Redressal Commission, New Delhi, that, in case, the Course was for a period of two years, and the Institute, gets deposited the fees, for the entire Course period, and the student leaves the Course midway,
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24. with costs, the impugned order, rendered by the District Forum, is set aside, and the complaint filed by the appellant/complainant, before the District Forum, is partly allowed. The respondent/Opposite Party is directed as under: -
(i)
(ii)
This order be complied with, by the respondent/Opposite Party, within a period of 45 days, from the date of receipt of its certified copy, failing which, it would be liable to pay interest @9% per annum on the amount, mentioned in Clause (i) from 27.11.2012 (i.e. the date when the appellant/complainant applied for refund of the fee vide his email dated 27.11.2012), till the date of actual payment, to the appellant/complainant, besides paying litigation costs as aforesaid.
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Pronounced.
20th.
Sd/-
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
[DEV RAJ]
MEMBER
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STATE COMMISSION
(First Appeal No.261 of 2013)
Argued by: Sh. Sajjan Kumar Gupta, appellant in person.
Dated the 20th
ORDER
(DEV RAJ) MEMBER | (JUSTICE SHAM SUNDER (RETD.)) PRESIDENT | |
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