BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 23^RD DAY OF JANUARY 2023

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1. To direct the OPs also to pay a sum of Rs.42,000/- with interest @ 18% p.a., over it w.e.f. the date of payment made so far by the complainant to OP till the day to be refunded by them.
2. To direct the Ops also to pay a sum of Rs.44,002/- as against incurred legal expenses in serving lawyer’s notice beside expenses incurred in getting drafted and filing this case and be directed to pay the entire legal expenses, to be incurred, further.
3. To grant an award of compensation of Rs.50,000/- payable by Ops in lieu of incurred losses by the complainant in way of physical and mental harassment, agonies beside several others.
4. To grant cost of the case and any other relief as deem fit and proper.

2. The case set up by the complainant in brief is as under:-

The complainant being a prospective student to complete the NTA UGC NET examination opted the OP tutorial as she and her friend namely Vimala Jansi were impressed by the courses offered by the OP website contacted the OP by filling their prescribed enquiry form available at the home page of the website of the OP on 03.03.2021.  the complainant and her friend have also contacted the OP through their contact number and then the concerned official of the OP have given further details and modalities for getting admission in the OP institute for the NTA UGC NET examination course.

3. After that the OP have briefed details through whatsapp text to the complainant and her friend and they have visited the OP institute on 04.03.2021 for admission in the schedule coaching courses of NTA UGC NET examination.  The OP has demanded a sum of Rs.21,000/- as tutorial fees and they have collected Rs.42,000/- on 05.03.2021 form the complainant and other fellow student.
4. The complainant and her friend have attended the tutorial classes and both the students found themselves uncomfortable with the teaching methods/skills and attitude of the fellow faculties in OP institute.  They have also dis-satisfied with non-fulfillment of promised relevant amenities for preparation of the examination. Hence they finding inappropriate help in preparation of the said examination decided to withdraw themselves from the OP institute and they have demanded refund of their paid tutorial fees of Rs.42,000/- on 08.03.2021.  But the OP refused to repay the amount. 
5. After that the complainant took shelter by way of grievance lodged before National Consumer Helpline dated 25.03.2021 for redressal of the dispute.  But it was never responded by the OP.  The OP have send their notice on 06.04.2021 to the complainant and her fellow student.  After that the complainant have also sent a legal notice to the OP on 24.06.2021 requested the OP to refund the amount of Rs.42,000/- with interest and compensation and legal expenses.  The OP have also issued the reply and denied to comply the demands made by the complainant.  The OP has clearly stated that fees paid are non refundable and not transferable on cancellation of course.  After that the complainant has filed this complaint.  
6. In response to the notice, OP appears and failed to file the version within the statutory period.  
7. The complainant has filed her affidavit evidence and relies on 19 documents.  OP has not adduced any evidence nor submitted any arguments.
8. Heard the arguments of the complainant.    Perused the written arguments filed by the complainant.
9. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

10. Our answers to the above points are as under:

       Point No.1:  Affirmative

      Point No.2: Affirmative in part

      Point No.3: As per final orders

REASONS

11. Point No.1 AND 2: Perused the complaint, documents and the evidence and the written arguments filed by the complainant.  The evidence of the complainant and the documents and arguments submitted by the complainant remained unchallenged.

12. The complainant has filed her affidavit evidence reiterated all the allegations made in the complaint.  The complainant with her friend who is also a fellow student namely Vimala Jansi, both were impressed by the misleading advertisement given by the OP through their website and they have admitted to the coaching classes of the OP by payment of Rs.42,000/-.  After admission the complainant and her friend are dis-satisfied with the teaching process and also the faculty members as their teaching was contrary to the promise made by the tutorial of the opted courses.  Hence the complainant and another fellow student have decided to cancel the course and they have requested the OP for refund of the amount.  The complainant has filed her grievance before the NCH, but the OP have never responded.  After that the complainant has send a legal notice through her counsel on 24.06.2021.  After that the OP has also send a reply notice and denied to refund the amount.  Hence the complainant has filed this complaint.  

13. The complainant has also relied on Ex.P1 to Ex.P.18.  Ex.P2 is the text published by the OP Ex.P3 is the bunch of whatsapp messages and Ex.P4 is the bank statement and Ex.P5 is the tax invoice, Ex.P6 is the email  and P7 is the grievance of the complainant sent to NCH, Ex.P8 is the notice issued by the OP and Ex.P9 is the letter of the complainant friend Vimala Jansi Rani, Ex.P10 is the legal notice sent to OP and P11 is the reply issued by the OP and Ex.P12 is another reply issued by the complainant and Ex.P13 is the bunch of bank records for payment made by the complainant towards legal fee, Ex.P17 is the CD and Ex.P19 is the whatsapp message.  

14. It is clear from the evidence of the complainant and the documents produced by her that the complainant and her fellow student have visited the OP institute on 15.03.2021 and they were informed that the commerce faculty was teaching from UN academy notes and was teaching management subject and commerce as combined and general paper is being taught as common class for CSIR NET student and UGC NET students. The complainant and other student have enquired the OPs official and they have replied that it is being taught the same way and the complainant has to take the same classes even though it is not related to their course.  In view of this they have decided to cancel the course and they have sought for refund of the amount. 

15. It is further grievance of the complainant that the OPs have not at all given any study material and they have not made any arrangements for attending online classes and also offline class.  The OP have forced the complainant to attend the classes for one week to get the refund. Even after attending the same classes the OPs have not agreed to refund the amount.  After that the complainant has made her grievance to NCH.  After being aware of the complaint made by the complainant on NCH, OP have issued a notice threatening complainant and her fellow student to attend the classes immediately within two days inspite of their request for refund of the amount.

16. When the OP has not at all made any arrangements for the complainant and her fellow student for teaching the subjects involved in their course. The complainant and her fellow student have decided for cancellation of the course and refund of the amount.

17. The complainant has relied on the decision reported in Fiit Jee Ltd., -vs- Ms.Shinjini Tewari on 11.07.2019 by the State Consumer Disputes Redressal Commission, Chandigarh, it is clearly held in the above decision that

The appellant-Institute is not only a structure made up of bricks and cement where the students go and get coaching after paying hefty fees.  The institutes imparting coaching are also supposed to bear in mind that a child/student, who is coming to them, is also a future of our country, who at some stage is to contribute towards nation building or serve the country by entering into some field of his/her choice at some stage.  Every student may not be so lucky to crack the entrances, after getting coaching etc. but it is a fact which cannot be denied that every student puts his/her best effort to clear these entrance exams.  The coaching institutions should not act like money collection machines, without keeping in mind the feelings and future prospects of the student.  The student may not be comfortable with the teaching methods/skills and attitude of some of the teachers at the coaching centre.  In case, the student leaves in between or midsession or after attending for few days or months, in our opinion, he/she should not be denied refund of the fee for the remaining period, which he/she did not attend.  If the student is given refund, he/she can pay the said amount to some other educational institute, where he/she wants to pursue coaching or education.  The student is not supposed to pay another hefty amount to other coaching institute after leaving the appellant – institute.

We may also add here that Consumer Protection Act, 1986, which is consumer oriental legislation, is meant to protect the interest of consumers who show their courage to come forward and put forth their grievance against the unfair trade practices adopted by such like educational institutions.

In our opinion, educational institutes should be prudent, desist from charging upfront fees for the entire course, and if they do, should not refuse a refund.  A student or a trainee may leave midstream if he finds the service deficient, substandard and non-yielding, and to tell him that fees once paid are not refundable was an unfair trade practice, as no service provider can take or charge the consideration of the service which it has either not given or has not been availed.  The existing practice in many institutions of collecting advance payment and not refunding this should be done away with.  Such blatant act of the appellant(s) is a clear example of unfair trade practice, which has to be stopped by exercising a moral responsibility especially when seen in the light of the above facts and circumstances of this case.

18. It is clear from the above decision that the coaching institutions should not act like money collection machines without keeping in mind the feelings and future prospectus of the student.  The student may not be comfortable with the teaching methods/skills and attitude of some of the teachers at the coaching centers.  In case the student leaves in between or midsession or after attending few days or months she/he should not be denied refund of the fee for the remaining period, which he/she did not attend.  If the student is given refund he/she can pay the said amount to some other educational institute where he/she wants to pursue coaching or education. The student is not supposed to pay another hefty amount to other coaching institute after leaving the OP institute.  The parents may not be in a position to afford another heavy fee of another coaching institute and the student will be deprived of precious opportunity and formative years of carrier building.  In case the fee is refunded the student can further move on with that amount to explore much better  avenues of education as per her desire.  

19. It is also clearly observed by the Hon’ble NCDRC that the consumer act which is consumer oriental legislation is meant to protect the interest of consumers who show their courage to come forward and put forth their grievance against the unfair trade practices adopted by like educational institution.  The educational institutions should be prudent desist from charging upfront fees for the entire course and if they do should not refuse a refund.  If the student finds the service deficient substandard and non yielding it is not fare on the part of the institutions that they will not refund the amount which amounts to unfair trade practice as no service provider can take or charge the consideration on the service which it has either not given or not been availed.

20. The facts and circumstances and the observations made in the above decision is clearly applicable to the facts and circumstances in this case. The complainant and another fellow student even though they have paid the entire tuition fee the OP have failed to provide the proper service to the complainant and her fellow student.  The OP cannot deny the refund when the complainant has left the course after attending for few days.  The action taken by the OP that the fees once paid are not refundable amounts to unfair trade practice and also deficiency of service. Hence the complainant is entitled for the relief claimed in this complaint. Hence we answer point No.1 in affirmative and point No.2 partly in affirmative.

21. Point No.3:- In view the discussion referred above we have decided to allow the complaint in part and direct the OP to refund sum of Rs.42,000/- with interest at 12% p.a., with effect from the date of payment made by the complainant to the OP till realization. The OP is further directed to pay a sum of Rs.10,000/- towards compensation for the mental agony and harassment caused by the OP to the complainant and Rs.10,000/- towards legal expenses to the complainant and we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is directed to refund sum of Rs.42,000/- with interest at 12% p.a., with effect from the date of payment made by the complainant to the OP till realization.
3. The OP is further directed to pay a sum of Rs.10,000/- towards compensation for the mental agony and harassment to the complainant.
4. OP is further directed to pay Rs.10,000/- towards litigation cost to the complainant.
5. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 15% p.a. after expiry of 60 days on Rs.42,000/- till final payment.
6. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 23^RD day of JANUARY, 2023)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party;

NIL