DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 629/15

Smt. Rita Rai

W/o Shri Ashok Rai

R/o 8/304-B, Lalita Park

Laxmi Nagar, Dlhi – 110 092                                                      ….Complainant

Vs.

FIITJEE Limited

5^th Floor, Roots Tower

Near Nirman Vihar Metro Station

District Centre

Laxmi Nagar, Delhi – 110 092                                                          ….Opponent

Date of Institution: 11.09.2015

Judgment Reserved for : 01.09.2016

Judgment Passed on : 12.09.2016

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

Order By : Ms. Harpreet Kaur Charya (Member)

JUDGEMENT

            The complaint has been filed by the complainant Smt. Rita Rai against FIITJEE (OP) for refund of Rs. 51,732, paid by her. 

2.        The brief facts of the complaint are that the complainant wanted her son to join classes with OP and on 10.05.2015, she was asked to deposit 3 Post Dated Cheques along with 2 Demand Drafts.  The complainant gave 2 Demand Drafts bearing no. 270120 and 270119 both dated 09.05.2015 for Rs. 6,900/- and 44,832/- respectively.  Both Demand Drafts were issued by Corporation Bank, Greater Noida Branch.  Complainant further states that it was clearly stated by OP that complainant had to deposit Post Dated Cheques, failing which admission process shall not be complete.  However, complainant could not arrange the Post Dated Cheques as demanded by OP and informed telephonically regarding the same to OP.  It is further stated that OP was giving false assurances regarding the refund of the Demand Drafts and that the cancellation request for the complainant was under process.  The complainant prayed for refund of Rs. 51,732/- and Rs. 30,000/- towards litigation expenses.

3.        Notice of complaint was served and thereafter OP filed WS, where they had denied all the allegations made in the complaint.  OP had denied that complainant was a consumer.  OP stated in their WS that complainant was bound by the terms and conditions of the contract.  They denied that there was any deficiency in service. 

4.        Evidence was filed by both the parties by way of affidavit.  Complainant examined herself and placed reliance on annexures, filed with the complaint that are, enrolment form dated 10.05.2016, photocopy of DDs given to OP, one undated letter to OP for refund of  Rs. 51,732/- and copy of fee structure. 

            OP examined Shri Ashish Kumar Aggarwal, Authorized Representative of OP, who relied upon board resolution (Ex. OP/W-1) and enrolment form (Ex. OP/W-2).

5.        We have heard the arguments and perused the material placed on record.  As far as OP’s objections regarding the complainant being a consumer is concerned, it has been decided by Hon’ble National Commission in Krishan Institute of Education and Technology & Ors V/S Ms. Ravneet Kaur & ors CRP No. 1777 of 2012 that private Educational Institutions cannot claim to be discharging any statutory function, thus they come under the purview of Consumer Protection Act.

            Perusal of the documents placed on record reveals that documents required for enrolment marked as point 6 says “DD and  Local / at par post dated cheques for fees”.  The PDCs were to be handed over to OP by 16^th of May 2015.  The complainant had also placed on record a letter dated 20.06.2015, which was duly received by OP.  The course was due to start on 23.06.2016.  The complainant had also stated that they had informed OP well before the commencement of course and her son had not attended a single class. 

When the requirement of PDCs was mandatory and without complying with all the formalities, the process of enrolment was not complete.  Though OP has averred that the seat was vacant for the session, however, no evidence with respect to that has been placed on record by OP. 

6.        Therefore, we are of the opinion that OP was liable to pay the amount of Rs. 51,732/- minus service tax.  We also award compensation and cost of litigation amounting to Rs. 10,000/-

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

(DR. P.N. TIWARI)                                                  (HARPREET KAUR CHARYA)

Member                                                                                Member    

       (SUKHDEV SINGH)

             President