Delhi

East Delhi

CC/1129/2013

ASHISH - Complainant(s)

Versus

FIITJEE - Opp.Party(s)

28 Feb 2014

ORDER

           DISTRICT CONSUMER DISPUTE REDRESSAL FORUM EAST Govt of NCT Delhi

          CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                       

Consumer complaint no.   1129/2013

In matter of

Ashish Sharma, minor  

Through s/o K K Sharma-Father  

R/o-CR -241A, Lalita Park,

Laxmi Nagar,  Delhi…110092…..……………………………………………..…………….Complainant                                                                   

                                                                             Vs

M/s  FIIT JEE

Through its AR/Manager/ Director,

East Delhi Centre- District Centre,

Laxmi Nagar, Delhi-110092

 

Head Office –

FIIT JEE House

29A, Kalusarai, Sarvpriya Vihar,

New Delh 110016………….. ………………..………….………………….Respondents 

                                                                                                      

                                                                         Date of Institution - 27/12/2013

                                                                         Date of Order         -23/02/2016   

                                                                                                                                                        

Order by Dr P N Tiwari, Member : 

Brief Facts of the case  

                                                                                                

Master Ashish Sharma, minor, s/o Sh K K Sharma, took admission at OP institution for one year extended classroom program for JEE/Advanced regular weekend contact classes. His enrolment date was 26/06/2013 vide regn no.- 1312041310906130007. He paid total fee of Rs 71,169/ through 2 bank drafts. He was allotted program classes from 03/07/2013. He attended classes as per schedule in three weeks weekend. In between the course, he got admitted at another institution for better coaching.

 

On 18/08/2013, his father gave a letter to OP for refund of fee paid. But OP did not entertain the application and later OP sent an email to complainant on 27/11/2013 for refusing to refund the fee. Hence, this complaint.

 

Notice served. OP filed written statement. The respondent denied all the allegations raised in the complaint. It is alleged that complainant is bound by terms and conditions of agreement. As per the agreement fee is not refundable. It is alleged that the institution is running under self finance and self managed program. If any student leaves the course in mid way, their seat remains vacant throughout resulting financial loss to OP as no student takes admission in midsession.  OP further stated that the fee taken is for weekend contact classes is for one year.

 

Complainant filed his evidences on affidavit and OP also filed their evidences. Both parties filed their written arguments. Arguments heard.

 

In this case, the complainant has attended his weekend contact classes for 9 times in three week under one year contract program. It is admitted that the complainant got admission in another institution and did not attended the classes. His father has submitted application for refund of fee.  It is admitted by the OP and also by complainant that some part of classes was attended by the complainant and as he got admission at another institution, so he left the classes.  

 

The contract between the parties was for one year. It is admitted case that complainant leaves the course midway, as he was not satisfied with the classes of opponent institute. He left the course to get better coaching at another place. It is argued that right to get the good education is the right of student, if he was not satisfied with OP, he cannot be forced to continue with respondent. Since he paid fee for the full one year and did not get coaching for the remaining period. He is entitled for the balanced payment from opponent.

 

We allow complaint. Opponent is directed to refund the balanced fee after deducting one month’s fee approximately to Rs 6000/- to complainant along with 9% interest till paid. We further award compensation of Rs 10,000/ (ten thousand) for harassment, mental pain and agony caused to complainant. This amount will be paid within 45 days from the date of the order. Failing to comply the order in time, complainant shall be entitled for 9% interest on entire amount till paid. 

The order copy be sent to parties as per rules.

 

 

 (Dr) P N Tiwari - Member                                                Mr N A Zaidi - President