DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 110/11
Sh. Vishesh Bhavsar
S/o Sh. R.K. Bhavsar
R/o House No. 4866, Phatak Namak,
Hazu Qazi, Delhi – 110006
(Through his Legal Heir Sh. R.K. Bhavsar) -Complainant
Vs
The Managing Director
FIITJEE Delhi (South) Centre
FIITJEE House 29-A, Kalu Sarai,
Sarvpriya Vihar,
New Delhi – 110016 -Opposite Party
Date of Institution: 23.03.2011 Date of Order: 23.07.2016
Coram:
N.K. Goel, President
Naina Bakshi, Member
S.S. Fonia, Member
O R D E R
In the present complaint filed through his father, the case of the complainant is that he had got admission in 1 year extended classroom Program-Regular Week vide registration No. 1351041312507100026 on 4.8.2010 with the OP and deposited Rs. 78,798/- towards fee. At the time of admission, the complainant as well as his father were assured by the OP that they would provide the infrastructure as detailed in the complaint but when the complainant went to attend the classes he did not find any of the facilities being provided by the OP to the students. The complainant asked the OP to do the needful but, on the other hand, OP told him to leave the institute. It is stated that getting no positive response from the OP the complainant sent a legal notice dated 24.12.2010 through his advocate to the OP asking for refund of amount of Rs. 78,798/- along with Rs. 50,000/- towards mental pain and agony and also Rs. 5500/- towards legal fee and legal notice but in vain. Hence, this complaint with the same prayers.
OP in the reply has inter-alia pleaded that at the time of admission the complainant and his father had signed Enrolment Form containing the following declarations, which read as under:
“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.
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 FIITJEE or any yet to be launched nor towards any other existing or prospective student.
I promise to abide by all rules and regulations of FIITJEE declaration, in letter and spirit.
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.
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 the OP to ensure quality education and uniform teaching standard and also keeping in mind the students’ interest do not fill the vacancy created against any student who leaves the course midway. It is pleaded that only the complainant was unsatisfied student in the batch and the seat vacated by him in the mid term was left vacant. Hence, 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 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 exhibited at Annex. OP-II. It contains the important information for the students/Parents/Local Guardians. It also contains the above reproduced declaration. The Enrolment Form has been signed by the complainant and by 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.
(S.S. FONIA) (NAINA BAKSHI) (N. K. GOEL) MEMBER MEMBER PRESIDENT
Announced on 23.7.2016
Case No. 110/11
23.7.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(S.S. FONIA) (NAINA BAKSHI) (N. K. GOEL) MEMBER MEMBER PRESIDENT
