Order-21.
Date-08/08/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this case states that being attracted by an advertisement he wanted to take admission in FIITJEE, RabindraSadan Branch in Two Year Weekend CRP Course for IIT-JEE aspirants. Complainant took admission on 04/12/2014 with a deposit of Rs.68,692/-. Subsequently he deposited two post datedcheques bearing No.973488 dated 10/01/2015 of Rs.71,540/- and cheque No.973489 dated 10/01/2015 of Rs.4,607/-. Both are drawn in favour of S.B.I., H.B. town,Sodepur. That father of the complainant was facing some financial crunch and due to financial stringency he was unable to provide money for the said course. Complainant without wasting any more time, applied to the Institution stating that he is no longer able to continue the course due to some unavoidable circumstances. He also requested to refund the deposited amount. But the Institution is not taking any step till date. He submitted the application for refund of money on 13/12/2014. The complainant has taken only admissionand did not attend the classes. Complainant has applied for refund of money during the tenure of admission. Complainant expressed his incapability when there was provision for admission of other student. So considering the condition of the complainant the Institution should refund the money. As there is no loss of the Institution and there was time for admission of other students the O.P. should refund the money deposited by the complainant. Hence the complainant prays for the direction upon the O.P. to refund the deposited amount and for payment of Rs.20,000/- towards compensation for unnecessary harassment caused to complainant.
The O.P. FIITJEE Ltd. in his W.V. states that the complaint is neither maintainable nor sustainable in Law. There is no cause of action against the O.P. citing a judgement passed by Hon’ble Supreme Court. O.P. states that in matter of admission fees etc. there cannot be a question of deficiency in service. Such matters cannot be entertained by the Consumer Forum under the C. P. Act,1986. O.P. further states that complainant has failed to show any deficiency in providing services by the O.P. Complainant is demanding refund of fees which is not refundable as per terms and conditions of the enrolment form. Complaint petition does not contain any dispute. The District Forum, State Commission or the National Commission as the case may be cannot go beyond the terms and conditions of the contract executed by and between the parties. Once complainant has signed declaration form he cannot go beyond that form. Complainant had entered into an agreement with the O.P. for hiring services of the O.P. and as per terms of agreement complainant has given an undertaking of not to claim refund of fees. Present complaint has been filed with malafide intention. It is denied that complainant is entitled for any refund of fees. Complainant is not entitled to any relief as prayed for. He signed the enrolment form knowing fully well that the fees are not refundable. The complaint is not maintainable as the complainant failed to show any deficiency. The complaint is barred by arbitration agreement. Hence the complaint should be dismissed with exemplary cost.
Decision with Reasons
At the very outset it is worthy to point out that op is not an educational Institution, it is a coaching centre for the aspirants for IIT ad Joint Entrance and in that sense it is not an educational Institution. On proper evaluation of the materials on record, complaint, written version and E/Chief it is evident that complainant took admission in two year weekend CRP course and paid Rs.1,44,239/- but unfortunately he was not in a position to continue his study due to financial crunch. He wanted his money back deducting the service charge. No doubt it is a premier institution for imparting training to IIT-JEE aspirants, yet their attitude towards a student is very inhuman. The institute does not want to refund the amount deposited because terms and conditions were known to the candidate and his guardian. Once paid, the money cannot be refunded. But the institute we think should not have any problem, because the student i.e. the complainant withdrew his name at that point of time when admission has going on. The O.P. is not supposed to face any loss. The O.P. had a provision to accommodate other students in complainant’s place. At the time of admission, complainant did not know of his problem, he thought that he could pursue the course. Due to financial stringency he could not avail of the course. Had he been admitted to the course he would be benefitted but he could not continue for some genuine caus. As it was not possible for him to pursue the course due to financial problem, he applied for refund of money. Complainant wrote a letter on 13/12/2014 to the FIITJEE authority, but they did not care to reply the letter of the complainant, leaving the complainant in anxiety and agony. This is no doubt a deficiency in service and UnfairTrade Practice as well.
Hence,
Ordered
That the complaint be and the same is allowed on contest against the O.P. with cost of Rs.5,000/-.
O.P. is directed to refund the deposited amount deducting service charge of Rs.14,668/- to the complainant within one month from the date of this order, failing which, penal cost of Rs.1000/- per month shall be imposed and if it is collected, it will deposited to this Forum.
Complainant is at liberty to put this order into execution as per provision of Law, if the op fails to comply with the order of this Forum.
