Complainant/respondent joined the Inter+IIT+JEE (Pinnacle 2 year Programme) in the petitioner institute for the academic year 2008-2010 bypaying Rs.1,18,102/- towards admission, tuition and examination fee for both the years. Rs.24,000/- were paid towards books and study material. Respondent, after attending the classes for 3 days, discontinued to attend the classes due to improper educational facilities and requested the petitioner to refund the amount paid by him. According to the respondent, the study material was also not supplied. Petitioner refused to refund the amount paid by the respondent. Respondent, after issuing the legal notice, filed complaint seeking direction to the appellant to refund the deposited amount along with interest @ 18%. District Forum partly allowed the complaint and directed the petitioner to pay the sum of Rs.94,102/- along with interest @ 12% p.a. from the date of filing of the complaint till realization. Rs.2,000/- were awarded as costs. Aggrieved against the order of the State Commission, petitioner as well as the respondent filed cross-appeals. Appeal filed by the complainant/respondent was dismissed whereas the appeal filed by the opp.party/petitioner was allowed. State Commission further reduced the total amount from Rs.94,102/- to Rs.84,102/-. One of the point raised by the counsel for the respondent is that in view of the law laid down by this Commission in FIITJEE Ltd. Vs. Dr.(Mrs.) Minathi Rath – Revision petition No.3365/2006 decided on 14.11.2011, the petitioner could not charge the academic fee for 2 years; that the petitioner could charge the fee only for one year. Counsel for the petitioner states that the petitioner is prepared to refund 50% of the admission tuition fee. Counsel for the respondent states that subject to the petitioner paying 50% of the admission fee, i.e. 47,051/- within 4 weeks, respondent gives up his claim for the remaining amount. Revision petition is disposed of in agreed terms. Petitioner is directed to pay the sum of Rs.47,051/- along with interest @ 10% from the date of the filing of the complaint till realization within 4 weeks from today. Counsel for the petitioner states that petitioner has already deposited a sum of Rs.50,000/- before the State Commission. State Commission is directed to release the sum of Rs.50,000/- to the respondent along with accrued interest in part satisfaction of the decree. Counsel for the petitioner states that petitioner shall pay the remaining amount, if any, to the respondent within 4 weeks. |