CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

  Case No. 13/09

Shri Saurav Gupta (Minor),                                                  

Through Shri Sitaram Gupta (Father)

R/o 1262, DDA Janta Flats,

GTB Enclave, Nand Nagri,

Delhi – 110 093.                                                     -Complainant     

                                      Vs

Sh. D.K. Goel, Chairman

FIITJEE Ltd.,

29-A, Kalu Sarai, ICES House,

Sarvpriya Vihar,

New Delhi – 110016.                                               -Opposite Party

                                           Date of Institution: 31.12.2008                                                    Date of Order:        01.09.2015

Coram:

N.K. Goel, President

Naina Bakshi, Member

O R D E R

        Admitted facts are that the complainant took admission in two years programme for preparation for IIT JEE, 2010 by the OP and keeping in view his assessment he was given 90% waiver in tuition fees and he deposited Rs. 45270/- towards the  total fee amount.  He joined the classes and attended the same for few days and thereafter left the same.  The case of the complainant, however, is that the course was unsystematic, un-scientific and un-psychological and he attended only four classes but started suffering from serious mental agony and problems. The complainant sent letters to the OP to refund the fee but the OP did not refund the fee despite letters and legal notice.  Hence, the complainant has filed the present complaint for issuing directions to the OP to refund Rs. 45,270/- along with interest @ 14% and legal notice charges amounting to Rs. 5,001/- and Rs. 90,000/- towards compensation for causing mental tension etc.

        The case of the OP is that once the Enrolment Form has been filed up, signed and submitted by the Complainant and his father, the OP in the light of the declarations made therein and in good faith, initiated certain procedures for arranging for training/classes for the son of the complainant.  OP has placed reliance on Paras 4, 5, 9, 12 & 15 of the relevant declarations in the Enrolment Form, which read as under:

“Para 4:     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 5:      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.

Para 9:      I promise to abide by all rules and                                 regulations of FIITJEE declaration, in letter              and spirit.

Para 12:    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 the OP to ensure quality education and uniform teaching standard and also keeping in mind the students’ interest does not fill the vacancy created against any student who leaves the course midway.  It is prayed that the  complaint be dismissed.

        Complainant has filed a rejoinder to the written statement.

        Father of the complainant has filed his 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 counsel for the parties 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-II.  It contains the important information for the students/Parents/Local Guardians. It also contains the above reproduced Paras 4, 5, 9, 12 & 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.  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  01.09.15.