CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.779/2006
Colonel S K Tomar
Commanding Officer
115 Engineer Regiment
Pin-914115
C/O 99 APO ……Complainant
Versus
1. The Managing Director
FIIT JEE Ltd.
ICE House
29A Kalu Sarai, Sarva Priya Vihar
New Delhi-110016.
2. The Coordinator
FIIT JEE, SCO-7, 3rd Floor,
Distt. Shopping Centre
‘B’ Block, Ranjeet Avenue
Amritsar. ……Opposite Parties
Date of Institution : 11.12.06 Date of Order : 31.10.15
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
According to the complainant, his daughter (aged 16 years) joined two years class room programme of coaching at Coaching Center of the OP-2 in the month of August 2005 and the complainant paid Rs. 76,589/- as fee for two years. However, the daughter of the complainant was not able to cope with the curriculum of the two years programme for her personal reasons and, hence, the complainant met the Coordinator at OP-2 Center twice and told him that he wanted to withdraw his daughter at that stage and requested him to refund the fee but the Coordinator refused to refund the balance fee as his daughter had already attended about one year course. When nothing happened despite writing a letter in June 2006, the complainant has filed the present complaint for directing the OPs to refund an amount of Rs. 38,294/- being the balance of the fee along with interest @ 18% p.a. w.e.f. the date of deposit and to pay Rs. 50,000/- as compensation and cost of litigation.
In the reply, the OP has inter-alia stated that the complainant as well as his daughter while seeking admission/registration with the OP, had understood the enrolment form and declarations contained therein and signed the same after understanding the terms and conditions and, hence, the complainant is not entitled to any refund. 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 daughter, complainant is not entitled to any relief. It is prayed that the complaint be dismissed.
Complainant has filed his affidavit in evidence. On the other hand, affidavit of Sh. Ashish Kr. Aggarwal, 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 counsel for the OP and have also carefully gone through the record.
Nowhere in the reply the OP has 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 Ex. OP-3. It contains the important information for the students/Parents/Local Guardians. It also contains the above reproduced Paras 5, 6, 10, 14 & 15. 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. Law laid down in Mayank Tiwari Vs. FIIT JEE Ltd. (MANU/CF/0848/2014) applies to the present case. 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.
(NAINA BAKSHI) (N. K. GOEL) MEMBER PRESIDENT
Announced on 31.10.15.
31.10.2015
Present – None.
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
