Chandigarh

DF-II

CC/1162/2019

Rishi Mittal - Complainant(s)

Versus

ALLEN Career Institute - Opp.Party(s)

Adv. Mamta P.Jain

10 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	1162/2019
Date of Institution	:	09.12.2019
Date of Decision	:	10.01.2024

 

                     

            

 

Rishi Mittal son of Sh. Milkhi Chand Mittal, resident of House No. 16-A, New Lal Bagh Colony, Patiala, Punjab.

…Complainant

Versus

1. ALLEN Career Institute (City Head office) through its Centre Head, SCO No.354-355, Sector 34-A, Chandigarh.

2. ALLEN Career Institute through its Centre in-charge, New Building. Plot No. 808, Industrial Area, Phase-II, Chandigarh.

3. ALLEN Career Institute through its Director having Corporate Office at SANKALP, CP-6, Indra Vihar, Kota, Rajasthan - 324005.

…. Opposite Parties

 

BEFORE:
	AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
PRESENT:-
	Sh.Kapil Gupta, Counsel for the complainant
	Sh.Taranjit Singh Grewal, Counsel for OPs.

 

ORDER BY AMRINDER SINGH SIDHU, M.A (Eng.), LLM, PRESIDENT

1.     The complainant has filed the present complaint pleading that his son namely Aaditya Aggarwal took admission in the OPs-Institute for coaching of 11^th Class Non-Medical stream on 11.04.2019 by paying Rs.1,04,000/- against the total tuition fee for one year of Rs.1,41,300/-.  The batch started on 11.04.2019 and his son attended the classes for just one week and from the very first day, he was not satisfied with the methodology of coaching. The OPs have failed to provide the basic fundamentals of studies and did not provide the solution of the quarries of his son.  It has been averred that the matter was taken up with the administration but the OPs failed to resolve the problems and on 26.05.2019, his son lastly attended the institute and left the same due to the aforesaid reasons. Vide e-mail dated 10.06.2019, the complainant requested the OPs to refund the deposited amount but to no effect. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking refund of the deposited amount along with interest, compensation and litigation expenses.   
2.     After service of notice upon the OPs, they appeared before this Commission and filed their written version stating therein that the complainant is not entitled for refund of the fees as per the terms and conditions of the admission.  It has further been stated that they have paid Rs.15,864/- as GST out of the received amount and the OPs cannot be made liable to suffer for the fault of the complainant as after studying for number of days and utilizing the services, the complainant asked for refund of the fees on baseless grounds.  It has further been stated that fees once paid cannot be refunded under any circumstances. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service or unfair trade practice on their part, the OPs prayed for dismissal of the complaint.
3.     We have heard the Counsel for the parties. and have gone through the documents on record.
4.     The main question to be determined in the present complaint is whether the complainant is entitled to refund of the tuition fees from the OPs or not?
5.     In order to find out answer to the above mentioned issue, it is necessary to discuss the following facts and circumstances of the case:-
6.     After thorough perusal of the documentary evidence on record, it is clear that the complainant’s son namely Aaditya Aggarwal availed the services of the OPs-Institute for 11th Class Non-Medical Stream by paying the part payment of Rs.1,04,000/-  against receipt dated 11.04.2019 (Annexure C-1) out of the total tuition fee of one year for Rs.1,41,300/-. Since, the complainant’s son was not satisfied by the way of coaching imparted by the faculty of the OPs and, therefore, after attending the classes for few days, he requested them to refund the tuition fees vide e-mail dated 10.06.2019 (Annexure C-3) but the OPs have not refunded the fees on the ground that the fees once paid is non-refundable under any circumstances.
7.     In our considered view, the OPs, at best, could have retained the proportionate fee to the tune of Rs.6069/- {i.e. @ Rs.289/- per day of Rs.8666/- per month)  because the complainant’s son attended the OPs-institute for 21 days as clear from the calculation sheet filed on behalf of the OPs. Besides the complainant’s son received the study material worth Rs.10,000/- from the OPs and as such the complainant is held entitled to Rs.72,067/- (i.e. Rs.1,04,000/- less Rs.6069/- towards number of classes attended, Rs.10,000/- towards study material  and Rs.15,864/-  paid as tax to Govt.). As such, we are of the view that the complainant is entitled to refund of the proportionate fee of Rs.72,067/- for the remaining months and failure to refund the same on receipt of the request of the complainant certainly amounts to deficiency in service and unfair trade practice on the part of the OPs.
8.     The Hon’ble National Consumer Disputes Redressal Commission in the case of Manu Solanki & Ors. Vs. Vinayaka Mission University (Formerly known as Vinayaka Mission’s Research Foundation Deemed University), Consumer Case No.261 of 2012,  decided on 20.01.2020, has held that “any defect or deficiency or unfair trade practice pertaining to a service provider like ‘Coaching Centres’ does fall within the jurisdiction of the Consumer Fora.”  Therefore, the complainant, who hired the coaching services of OPs is a ‘consumer’ qua it. 
9.         In view of the foregoing discussion, the complaint is partly allowed with a direction to the OPs to refund Rs.72,067/- as stated aforesaid to the complainant along with interest @ 9% p.a. from the date of filing of the complaint i.e. 09.12.2019 till the date of its actual realization to the complainant.  The OPs are also directed to pay a lump sum compensation of Rs.20,000/- to the complainant towards mental agony and physical harassment as well as litigation expenses.
10.     This order be complied with by the OPs within 90 days from the date of receipt of its certified copy.
11.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room

Announced in open commission 10.01.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER