DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 613/2007
1. Sh. Pratyush Sharma
S/o Sh. B.P. Sharma
R/o G-186, Sector-22,
Noida, U.P.
2. Sh. B. P. Sharma
R/o G-186, Sector-22,
Noida, U.P. -Complainant
Vs
FIIT JEE Ltd. ICES House,
29/A, Kalu Sarai, Sarvpriya Vihar,
New Delhi-110016 -Opposite Party
Date of Institution: 22.05.2007 Date of Order : 13.03.2018
Coram:
N.K. Goel, President
Naina Bakshi, Member
O R D E R
The complainant No.1 after passing an examination held on 03.09.06 got admission in the OP institute vide enrolment No. APASD0670157 for one year classroom programme for AIEEE + study centre South Delhi. The complainants paid Rs.52753/- at the time of admission through DD No. 678582 dated 07.09.06 and the OP issued receipt No.SDO6-07/4612 dated 08.09.06. The complainant No.1 had got admission in B Tech Computer Science UPTU, Lucknow and as such it was impossible for the complainant No.1 to continue with his studies with OP and hence the complainant No.1 through complainant No.2 (his father/guardian) sent a letter dated 11.10.06 requesting for refund of fee. The said letter was replied by the OP vide letter date 28.11.06 refusing to refund the fee on untenable grounds. It is submitted that the complainant No.1 sent a notice dated 21.12.06 but inspite of service of notice neither the OP replied nor refunded the amount to the complainants. Hence, pleading deficiency in service on the part of the OP the complainant has filed the present complaint with the following prayers:-
- Direct the OP to refund the fee of Rs.52,753/- paid by the complainants against receipt No.SD06-07/4612 dated 8.9.06,
- Direct the OP to pay Rs.25,000/- towards mental pain and agony and Rs.15,000/- as cost of litigation.
OP in the written statement has inter-alia stated that the student seeking admission is based on the marks obtained in the admission test conducted by the OP. Only few students qualify their admission test. Each student who wants to take admission test is required to fill registration form and at the time of registration the OP provides the details of programme suggestion and in clean and clear manner. Reliance has been placed on Paras 5, 6, 10, 14 & 15 of the relevant declarations in the Enrolment Form, which read as under:
“Para 5: I understand 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 6: In addition to the above, I understand without any ambiguity that the fee once paid is not refundable at all, whatever the reasons be.
Para 10: I promise to abide by all rules and regulations of FIITJEE declaration, in letter and spirit.
Para 14: I/we, the parent/guardian and/or the student, severally and jointly declare that I/we have read and understood at all clauses contained in the Declaration on Enrolment Form and agree to abide by them without any reservation or ambiguity.
Para 15: I/We further declare that the above named student is taking admission in the FIITJEE having considered everything material, on his own sweet will after giving due consideration to rigours of time, distance and studies ahead and with the permission of the parent/guardian without any coercion from any side.”
It is stated that after perusing these declarations and the consent accorded thereto by the complainant and his son, it is crystal clear that the present complaint has been filed with utmost dishonest and malafide intentions. The other averments made in the complaint are denied. It is prayed that the complaint be dismissed.
Complainant has filed a rejoinder to the written statement reiterating the averments made in the complaint.
Father of the Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. Ashish Kr. Aggarwal, Sr. Manager HRD has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the oral arguments of counsel for the OP and have also carefully gone through the record.
Nowhere in the reply the OPs have stated that it is not an educational institution nor has this fact been stated in the affidavit of the OP’s witness.
The copy of the Enrolment Form of the complainant is Annexure-A. It contains the important information for the students/Parents/Local Guardians. It also contains the above reproduced declarations. The Enrolment Form has been signed by the complainant and his father. Therefore, in our considered opinion, the complainant is bound by the terms and conditions contained in the Enrolment Form. This case is squarely covered by the judgment of National Commission in FIIT JEE Ltd. Vs. Harish Soni in RP No. 2054 of 2013 decided on 8.10.15. If it is so, the complainant is not entitled to claim the amount of fee.
In view of the above discussion, we dismiss the complaint leaving the parties to bear their own costs.
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 13.03.2018
