Chandigarh

DF-I

CC/84/2021

Ms. Manju Dahiya - Complainant(s)

Versus

FITJEE Ltd - Opp.Party(s)

Maninder Bharthy

02 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/84/2021
Date of Institution	:	08/02/2021
Date of Decision	:	02/01/2024

 

Manju Dahiya W/o Sh. Ashok Kumar Dahiya, aged 43 years, R/o Flat No.146, HIG-I, Sector 45-A, Chandigarh.

… Complainant

V E R S U S

1. FITJEE Ltd., FITJEE House, 29-A, Kalu Sarai, Sarvapriya Vihar, (near Hauz Khas Bus Terminal), New Delhi-110018, through its Chairman.
2. FITJEE Ltd., Chandigarh Centre, SCO 321-322, Sector 35-B, Chandigarh-160022, through its Senior Manager Admissions.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

                                                

ARGUED BY	:	Sh.Devinder Kumar Advocate for Complainant.
	:	Sh.Vivek Lamba, Advocate for OPs.

 

Per Surjeet kaur, Member

1.      Averments are that the minor son of complainant intended to pursue his career in engineering side. Therefore, he had joined the coaching classes in ICSE batch in the OP No.2. He had started attending the coaching classes for two years during class 9^th and 10^th, i.e., w.e.f. April 2019 for ICSE Board. The fee remitted for first year was for course covered during period April 2019 to March 2020 and for 2^nd year was for course covered during period April 2020 to March 2021 respectively. The OP had taken post dated cheques towards the entire fee of all the four years amounting to Rs.3,71,242/-, in the very beginning (Annexure C-1 & C-2). It is further stated that the son of the complainant is doing his schooling from the school, which is affiliated to ICSE Board. But at the time of the admission, the OPs gave assurance that they had the facility of giving coaching to the students pursuing under ICSE even. However, later on, after the outbreak of Covid-19 pandemic, when the coaching started through online classes, the son of the complainant was taken out from group of ICSE students by the OPs on their own, and was included in different group/batch with ID CDFYW923A02, and was given coaching under the CBSE curriculum. It was the studies during the Class X schedule of the OPs. When the complainant could realize that the OPs are not imparting the coaching under ICSE pattern, as was promised by them, rather the coaching was under CBSE pattern, which was entirely different, due to which the son of the complainant had started to suffer on account of having to study two different syllabi/curriculum under two different boards. Therefore, the husband of complainant made a request in writing/application on 02.01.2021 stating therein that they want to discontinue the remaining 2 years coaching of their son from 2021-23 and also requested to refund the fee for this period as he had attended not even a single class (Annexure C-3). The tuition fee for coaching of the schedule for class XI and XII for session 2021-23 was Rs.2,41,2420/- and the same was taken by the OPs from the complainant in the very beginning in 2019 itself (Annexure C-5). It is further stated that the cheques mentioned at Sr. No.i to v for Rs.1,92,592/- were encashed by the OP Institute in September, 2020 itself, i.e., much before even the commencing of the classes for the schedule for Class XI, the cheques at Sr. No.vi and vii for Rs.48,650/- are in custody of the OP Institute. The OPs have illegally/arbitrarily retained the hard-earned money of the complainant in the absence of any rules and regulation in this regard. Hence, is the present consumer complaint.
2.     OPs contested the consumer complaint, filed their written reply and stated that it was categorically and specifically made clear to the complainant and his parents that as per terms and conditions of the enrolment form, fees once paid shall not be refunded under any circumstances. It is vehemently denied that the complainant is entitled for any compensation on the ground that OP did not give coaching as per ICSE syllabi. It has been categorically mentioned that OP institute has no connection with Syllabus covered by different boards. OP institute groves student to appear for competitive exams which has no concern whether is studying with ICSE or CBSE or any state Board. It is further stated that as the complainant had chosen the fee payment plan I for the course, the total fees for 4 years course program after scholarship of 50% on tuition fee came to Rs.3,03,593/- including GST of Rs.46,311/-, but the complainant had made payment of Rs.2,67,750/- only against the total course fee (Annexure OP/3). It is denied that the 7 postdated cheque were issued by the complainant to the OP by the bear perusal of the documents and cheques appended by the complainant, it is clear that only 2 postdated cheques were issued in favour of OP out of 7 cheques mentioned by the complainant. It is pertinent to mention that rest of the cheques were issued to other entities for books and Tab. On these lines, the case is sought to be defended by the OPs.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsels for the parties and gone through the record of the case.
6.     Pertinently, during the pendency of the present case, the facts have become different as OPs got the pending post-dated cheques encashed despite being involved in the present litigation. Hence, as per order dated 09.10.2023 both the parties were directed to furnish their affidavits regarding the total payment made by the complainant and total payment received by the OPs.
7.     Perusal of the affidavits of the parties clearly reveal that as per contentions of the complainant, the OPs received the alleged amount of Rs.3,71,242/- in the beginning of course itself. Admittedly, the course in question was for 4 years and after completion of 2 years the complainant requested the OPs to refund the course fee of session to be proceeded in the year 2021 to 2023. But OPs failed to do so and resultantly, the complainant filed the present complaint.
8.     As per the documents on record, the complainant opted course of complete 4 years from the OPs buy paying Rs.3,71,242/- to them as total fee in advance as per Annexure C-3. The complainant requested the OPs for the refund due to discontinuation of the 2 years weekend course program from 2021 to 2023 as the OPs were offering the course not as per the requirement of the complainant’s son. But the OPs forfeited the amount and forced him to file the present complaint.    
9.     In our opinion it is itself an unfair trade practice to charge advance fee from the parents of the students for four years course. If due to any reason, the complainant informed the OPs to discontinue the course, he cannot be penalized by forfeiture of the money. In our opinion any coaching is entitled legally to (charge) fee only for the service, which actually is provided to student and not more than that. So far as the allegation of the OPs with regard to the payment to MEGACOSM COGITIONS PVT. LTD. and 2 MyPAT Online Test Series and NTSE AIITS & Online NTSE Test Series to EDFORA to the tune of Rs.38,300/- and Rs.27099/- respectively. So far as the matter of above payment is concerned, we opine that these two parties which the OPs are pointing out are ailment to the complainant. The complainant got the course from the OPs, paid the entire fee to OPs from his hard-earned money and thereafter OPs did not provide services at all for remaining two years. Hence, they cannot retain unused money of the complainant in the absence of availing any services from them. Hence, the act of OPs for non- providing proper services in the shape of coaching as desired by the complainant, non-refunding remaining fee and forcing the complainant to indulge in the present unnecessary litigation proves deficiency in service and their indulgence in unfair trade practice.
10.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. To refund amount of ₹2,41,242/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint onwards.
2. to pay an amount of ₹20,000/- to the complainant as compensation for causing mental agony and harassment to her.
3. to pay ₹8,000/- to the complainant as costs of litigation.

11.     This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
12.     Pending miscellaneous application, if any, also stands disposed of.
13.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
02/01/2024			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member