Complainant : In person
For the Opposite party : Absent
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Per :- Mr. J. L. Deshpande, President Place : Bandra
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JUDGMENT
Facts giving rise to this complaint may be stated, in brief, as follows :
The Opposite party is Aakash Institution conducting educational courses. The Complainant’s son by name –Ashish Ashok Gupta had taken admission with the Opposite party, in July, 2009 for “Foundation course for IIT-JEE 2011” but he was not provided with study materials or guidance. The Complainant decided leave the course and informed the Opposite party and asked for refund. The Complainant send reminder application, dated, 07.08.2009 for refund of the fees. The Opposite party refunded sum of Rs.3,595/- but did not refund the balance amount. The Complainant then served legal notice, dated, 09.11.2009 requesting for refund. When this refund was not granted, the Complainant filed present complaint deficiency in service on the part of the Opposite party and directions to the Opposite party to refund to the Complainant sum of Rs.14,973/-.
2 The Opposite party contested the complaint by filing written version of defence and admitted that the Complainant’s son had taken admission for the said course on 09.07.2009 and out of entire fees Rs.81,909/- had deposited the same of Rs.18,568/- towards registration fess and first installment of admission fees and tuition fees. The Opposite party denied the allegations that course material was not provided to his son. The Opposite party relied upon clause no.G of the prospectus wherein it was mentioned that after 15 days of commencement of class student would not be entitled to refund of fees. The Opposite party, further, submitted that out of courtesy, it refunded sum of Rs.3,595/- to the Complainant and denied the responsibility to refund the balance amount.
3 Both the sides filed their affidavit of evidence and documents. We have heard the Complainant in person. We have gone through the complaint, written version of defence, affidavits and documents. Followings points arises for our considerations.
Nos. | Points | Findings |
1 | Whether Complainant has proved that the Opposite party is guilty of deficiency in service on account of non-refund of fees ? | Yes. |
2 | Whether the Complainant is entitled to refund of balance amount ? | Yes, Rs.4,624/- |
3 | What order ? | Complaint is partly allowed. |
REASONS FOR FINDINGS :-
4 There is no dispute about the fact that the Complainant’s son had taken admission with the Opposite party- Aakash Institute for the course of “IIT-JEE”. The Complainant has deposited sum of Rs.18,568/- with the Opposite party on 09.07.2009 vide receipt Exhibit-A, page no.9 of the complaint. The break-up of this amount was --
Registration Fees | Rs.3,309/- |
Admission Fees | Rs.11,030/- |
Tuition Fees | Rs.4,229/- |
Total Fees | Rs.18,568/- |
5 According to the Complainant, within few days, he decided to leave the Institution and inform the Opposite party about the same and the Opposite party agreed to refund the fees. The Complainant’s son –Ashish filed an application, dated, 07.08.2009 with the Opposite party and copy of the same is produced by the Complainant at exhibit-B, page no.11. It is mentioned there in that the Complainant’s son had filed application on 15.07.2009 to cancel his admission but at the instance of counselors’; he was filing this application again. The attendance card produced by the Opposite party with the written version also shows that the Complainant’s son had attended few classes. No doubt, as per the terms mentioned in the prospectus, student is not entitled to refund of fees after 15 days of commencement of course but there is no material on the record, recording the date of commencement of classes. Even otherwise conduct of the Opposite party in making the refund of Rs.3,595/- before filing of the complaint and Rs.7,000/- on 01.01.2010 i.e. before filing of the complaint shows that the Opposite party has made refund of total sum of Rs.10,595/- to the Complainant, balance amount comes to Rs.7,973/-. Out of that sum of Rs.3,309/- was deposited towards registration charges which would not be refundable. Therefore, balance amount of Rs.4,664/- is refundable. Since the Opposite party has failed to refund the same, we prefer to the direct the Opposite party to refund that amount to the Complainant within six weeks, hence, pay interest @9% thereon.
With this, we proceed to pass the following order.
ORDER
(1) Complaint is partly allowed.
(2) The Opposite party is guilty of deficiency in service vis-à-vis refund of fees to the Complainant.
(3) The Complainant is directed to pay refund sum of Rs.4,664/- to the Complainant within six weeks from the` receipt of this order, otherwise, pay interest @9% towards the said amount from the date of expiry of the period.
(4) The Opposite party shall pay costs in sum of Rs.5,000/- to the -Complainant.
(5) Parties be informed, accordingly.
