DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.218/2017
Sh. Chandan Kumar
R/o H.No.465 (Ist Floor), Sector-16,
Faridabad, Haryana-121002 ….Complainant
Versus
The Chairman
FIITJEE Ltd.
FIITJEE House, 29-A, Kalu Sarai,
Sarvapriya Vihar,
(Near Hauz Khas Bus Terminal),
New Delhi-110016 ….Opposite Party
Date of Institution : 04.07.17 Date of Order : 07.12.18
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
Naina Bakshi, Member
ORDER
Briefly stated, the case of the complainant is that complainant got his son enrolled with the OP for Two Years Classroom Program for preparation of JEE (Advanced) under Regular Week Contact Classes. At the time of admission, the OP informed him, that they will charge full fees in advance. Therefore, the complainant made payment to the OP in the form of bank transfer and cheques for one part of the fee and for the balance the complainant issued post dated cheques to the OP. The complainant’s son joined the classes with OP from 12.04.2017 and started attending FIIT JEE. After attending few classes, his son absorbed that the OP was not following course schedule as per regular school schedule and his son did into find teaching methodology helping him to understand the subject thoroughly. Complainant’s son started facing difficulty in adjusting to course schedule and teaching methodology. During the PTM with OP the complainant and his wife raised this point with OP faculty. OP did into pay any attention to his complaint, despite assurance given to him. Therefore, the complainant’s son stopped attending the classes of OP from August, 2016 onwards. It is submitted that the complainant paid advance fees in the form of NEFT and Post Dated Cheque (PDC) at the time of enrolment, as Rs.2,51,853/- and an amount of Rs.1,73,429/- already been withdrawn from his account while Rs.78,407/- was due on 10th and 11th December, 2016 for which PDC were deposited with OP. As his son has already discontinued the course. The complainant requested the bank to stop balance payment of Rs.78,407/-. The complainant requested the OP to refund the amount already paid after deducting the amount for the days his son attended the institute plus books cost. It is submitted that as per the fee structure of the OP, the OP can deduct Rs.11500/- (for books) plus Rs.22,666/- (as tuition fee for period from April to August 2016) plus Rs.3827/- (as tax @ 4.5% on tuition fee), total amounting Rs. 37,453/- and refund Rs. 135976/- for the period when his son did not avail the service of OP, but the OP had not responded his request. Hence, pleading deficiency in service on the part of the OP, the complainant has filed the present complaint for the following reliefs:-
- Direct the OP to refund full fee of Rs.1,73,429/- alongwith 18% interest .
- Direct the OP to pay a sum of Rs.10,000/- towards the physical strain and mental agony suffered by the complainant and his family members .
- Direct the OP to pay a sum of Rs.1,000/- towards cost of the petition.
OP has inter-alia stated that the present complaint is not maintainable in view of the observation of the Hon’be Supreme Court in the case titled as P.T. Koshy Vs. Ellen Charitable Trust wherein the Hon’ble Supreme Court categorically held, that education is not a commodity. Educational Institutions are not providing any kind of service; therefore, in the matter of admission, fee etc., there cannot be a question of deficiency of service. Such matters cannot be entertain by the Consumer Forum under the Consumer Protection Act, 1886. It is submitted that, it is not the case of the complainant’s or his son that, the enrollment agreement was not signed by them or the same were got signed from them by the OP under duress or coercion etc. Almost the similar view was taken by Hon’ble National Commission in Revision Petition No. 270/ 2006 – Brilliant Classes Vs. Shri Ashbel Sam, decided on 29.01.10. Thus the OP by not refunding the fees were neither deficient in rendering services nor indulged into unfair trade practice and as such the compliant is liable to be dismissed. It is submitted that the complainant’s son registered and appeared in test dated 03.04.2016 after qualifying his exam, he got himself enrolled on 10.4.16 vide enrolment no. 1151191680095 with the OP institute and was offered the course programme Two Years CRP-JEE (Advanced) Regular Week Contact Classes. The complainant thereafter had gone through the contents of enrolment form and duly filled and signed the said enrolment form and chosen the fee payment plan-I for the course program and submitted the enrollment form with OP and requested the OP for enrolment in the above said course. The terms and conditions of the enrollment form reads as under:
“Para 8: I understood that if I leave the institute before completing the full course for any reason whatsoever, including transfer of parents/guardians/ill health of self or any other member of the family or my admission in any institute/engineering college etc., or my studentship is cancelled because of misconduct etc. I or my parents/guardian shall have no claim for refund of fees.
Para 10: In addition to the above, I understand without any ambiguity that the fee once paid is not refundable at all, whatever the reasons be nor is it adjustable towards any other existing courses at FIIT JEE or any yet to be launched nor towards any other existing or prospective student.”
Para 12: It is understood that this admission is valid only for the course and the duration for which I am taking admission and I/we…. shall not claim/request for admission to and adjusting the fees to any other course or duration.
Para 15: I/We have fully satisfied ourselves with regards to quality and excellence of teaching at FIITJEE form all available sources/information and decided to study only at FIITJEE. I/We wish to pay the entire fees as per the Fee plan II at our sweet will and convenience without any pressure, inducement, coercion from any one.
18. I/We undertake and acknowledge that in case I/We indulge in any kind of litigation with FIITJEE, I/We shall not be entitled to any Awards/Rewards /Scholarship/Benefits etc. from FIITJEE and shall refund/return such Awards/Rewards/Scholarship/Benefits etc., if availed by the students within a period of 15 days, failing which FIITJEE shall be entitled to recover the same through the appropriate court/forum alongwith interest, damages and cost of litigation.”
It is submitted that the complainant had chosen the fee payment plan-I of the aforesaid course, the total fee of the said course came to Rs.2,51,835/-. It is submitted that the OP ensures quality education and uniform teaching standard and also keeping in mind the student interest does not fill the vacancy created against any student who leave the course midway. It is submitted that the complainant has opted for fee payment plan I and deposited PDC dated 15/05/2016 Cheque No.285386, 16.05.16 cheque No.285389, 10.12.16 cheque No.285388 & 285387 and 11/12/16 cheque No.285391. It is stated that the cheques No. 285388, 285387 & 285391 had dishonored due to stop payment by the complainant. Hence, OP has prayed for dismissal of the complaint.
Complainant has filed her affidavit in evidence. On the other hand, affidavit of Sh. Mridul Pathak, AR has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the parties and have also carefully gone through the record.
We straightaway advert to the issue, whether the relief is admissible to the Complainant as prayed for or not?
Admittedly, the aforesaid undertakings given by the Complainant at the time of admission debar the Complainant from seeking refund of the fee. As regard the deficiency in service by the OP, the Complainant has not proved this by any form of evidence. The fact also remains unrebutted that the vacancy created by leaving of the student midway is not filled up by the OP. Both the parties have relied upon various judgments of the Hon’ble National Commission and other courts. We have taken the ratio of decidendi of the judgment of the Hon’ble Supreme Court in Islamic Academy of Education Vs. State of Karnataka (2003) 6 SCC 697 wherein it was held that “ it must be mentioned that during arguments, it was pointed out to us, that some education institutions are collecting, in advance, the fees for the entire course i.e. for all the years. It was submitted that this was done because the institution was not sure whether the student would leave the institute midstream. It was submitted that if the student left the course in midstream then for the remaining years the seat would lie vacant and the institute would suffer. In our considered view, an educational institution can only charge prescribed fee 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”.
In similar facts Hon’ble NCDRC in Jaipreet Singh Kaushal Vs. FIIT JEE and Anr. has allowed the complaint and directed refund of part fee which was upheld by the Hon’ble Supreme Court of India as the SLP filed by OP was dismissed.
In view of aforesaid judgment of the Hon’ble Apex Court, we hold that OP has committed unfair trade practice by collecting fees for two years in one go. Accordingly, we partly allow the complaint and direct OP to refund the half of the fees taken by them from the Complainant towards the fee for two years duration. Accordingly we direct the OP to refund a sum of Rs.43930/- [(Rs.251835/2 = Rs.125917/- minus Rs.89987/- i.e. stopped payment of Rs.70487/- by the complainant & Rs.11500/- cost of books ) towards tuition fee paid by the complainant alongwith interest @ 6% per annum from the institution of the complaint till its realization and Rs.10,000/- towards mental agony and cost of litigation.
The order shall be complied within 30 days of receipt of copy of this order failing which OP shall become liable to pay interest @ Rs. 9% per annum on the amount of Rs.43930/- from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 07.12.18.
