DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.392 of 04-08-2011 Decided on 26-09-2011 Varinder Kumar, aged about 43 years, H.No.68, Street No.6, New Shakti Nagar, Bathinda. .......Complainant Versus Lakshya Forum for competition Pvt. Ltd., S.C.F.4-6, 100ft Road, Bathinda through its Director. ......Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President Smt. Sukhwinder Kaur, Member
Present:- For the Complainant: Sh. Kuljit Pal Sharma, counsel for the complainant. For Opposite parties: Sh. Arvind Gupta, counsel for opposite party.
ORDER
Vikramjit Kaur Soni, President:-
1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended up-to-date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the son of the complainant namely Vansh Vasesi is studying in +2 (Non Medical) in R.B.D.A.V. Senior Secondary School, Bathinda. For taking coaching, the complainant alongwith his son approached the opposite party and the opposite party committed for +2 syllabus & multiple choice question preparation for Board Examination and competition Examination respectively. The complainant deposited Rs.1,000/- as registration fees on 29.03.2011 through receipt No.234 and thereafter, he deposited Rs.25,000/- on 18.04.2011 through receipt No.117. The opposite party further asked the complainant to deposit the another amount of Rs.10,000/- which was deposited by the complainant on 09.06.2011 through receipt No.1819. The complainant has alleged that as per their commitment, institute never worked on +2 syllabus which is mandatory for qualifying examination for competition. The opposite party told the complainant that if he will not be satisfied, the opposite party will refund the balance fee amount deposited by him after deducting the charges of three months. So, the complainant discontinued the study of his son in the month of July 2011. Due to this, the son of the complainant has lost his valuable three months and the son is under depression as he is not confident enough to complete +2 syllabus. Hence, the complainant has filed the present complaint for seeking directions of this Forum to refund the total amount of Rs.36,000/- with interest @ 12% p.a. alongwith cost and compensation. 2. Notice was sent to the opposite party. The opposite party after appearing before this Forum, has filed its written statement. The opposite party has pleaded that the son of the complainant applied for coaching in the course of one year known as 'Sankalp'. For this, the registration Form and the terms and conditions as well as terms regarding the refund policy, were duly signed by the student as well as his father. The opposite party has further pleaded that the son of the complainant never applied within 15 days as per refund policy. First fee amount of Rs.25,000/- was deposited on 18.04.2011 and second installment of Rs.10,000/- was deposited on 09.06.2011. The student attended the classes upto 12.07.2011 and the attendance register dated 12.07.2011 is duly signed by the student. So, he is not entitled to any refund policy duly accepted by the student and his father. The opposite party has denied that the coaching was not given as per syllabus. The opposite party never told that if the students are not satisfied, the opposite party will charge 3 months and the balance amount shall be refunded. The student never discontinued in the month of July 2011. As per conditions of IIT-JEE, the student who qualifies the IIT-JEE, it is also mandatory for that student to get atleast 60% marks also in +2 Board Exam. So to full fill the said conditions, the student are guided and taught +2 syllabus also. 3. Parties have led their evidence in support of their respective pleadings. 4. Arguments heard. Record alongwith written submissions submitted by the parties perused. 5. The main allegation of the complainant is that the son of the complainant Vansh Vasesi got admitted in +2 (Non Medical) at R.B.D.A.V. Senior Secondary School, Bathinda and for preparation of the syllabus and multiple choice question preparation for Board Examination and competition Examination respectively, the son of the complainant joined Lakshya Forum i.e. opposite party. For this, the opposite party got deposited Rs.1,000/- as registration fees on 29.03.2011 vide receipt No.234 and the complainant had also deposited the amount of Rs.25,000/- on 18.04.2011 vide receipt No.117. The opposite party asked the complainant to deposit another amount of Rs.10,000/- and accordingly, the complainant had deposited Rs.10,000/- on 09.06.2011 vide receipt No.1819. The complaint of the complainant is that the opposite party i.e. institute was not working as per commitment and they have not taught the +2 syllabus which is mandatory for qualifying examination for competition. The complainant has submitted that the opposite party has cheated him and has reported the matter to the opposite party in the last month of June, 2011. The opposite party told the complainant that if he is not satisfy, they would charge fee for only 3 months and rest of the amount will be refunded to him. The son of the complainant discontinued his studies at Lakshya Forum i.e. opposite party, in July, 2011. The complainant has further submitted that his son has lost three valuable months of his carrier and has lost confidence to complete +2 syllabus. 6. The opposite party has submitted that the son of the complainant got admitted for coaching in the course of one year known as 'Sankalp'. The registration Form and the terms and conditions as well as terms regarding the refund policy, were duly signed by the student as well as his father, Varinder Kumar. The details of the terms and conditions and refund of policy are as below:- Rs.1,000/- was deposited as registration fee which is not refundable as per terms as well as clearly mentioned on the receipt for Rs.1,000/-. Terms and conditions for the refund are also clearly mentioned on receipt. Fee once deposited is neither refundable nor adjustable or transferable under any circumstances. Refund Policy as mentioned and accepted as well as duly signed by student and his father. There will be no refund for Registration fee and Service Tax, under any circumstances. If any student wishes to take refund then it will be done only within 15 days from the date of submission of fee. In this case 20% of the total course fee will be deducted from the amount paid and the balance amount will be refunded by account payee cheque in favour of parents.
The opposite party has further submitted that the son of the complainant has never applied within 15 days as per refund policy. As such, he is not entitled for any refund. First fee amount of Rs.25,000/- was deposited on 18.04.2011 and second installment of Rs.10,000/- was deposited on 09.06.2011, the student attended the classes upto 12.07.2011 and the attendance register dated 12.07.2011 was duly signed by the student. The opposite party has denied that the coaching was not given as per syllabus. The opposite parties have never been approached by the student or his father or informed by the student in the last week of June, 2011. The opposite party has further argued that as per conditions of IIT-JEE, the student who qualifies the IIT-JEE, it is mandatory for that student to get atleast 60% marks also in +2 Board Exam. So as to full fill the said conditions, the student are also guided and taught +2 syllabus and has also denied that the son of the complainant has lost his 3 valuable months and the son is under depression. The student and his father are not entitled to any refund as per refund policy. The terms and conditions were duly signed by the student and his father. 7. The opposite party has produced in his evidence the photocopy of Sample Test Papers and photocopies of Notebooks. A perusal of Note books shows that no name, roll number and class have been mentioned on these notebooks. Nowhere, it has been mentioned that whose notebooks are these and how these are got prepared by the opposite party. These notebooks are produced by the opposite party to support their version that they have been taking the syllabus of +2 class and giving them regular notes and assignments but these are without any name and roll number which clearly proves that these notebooks are created for evidence only. 8. Moreover, the opposite party has itself admitted that the son of the complainant had joined the classes for 3 months and thereafter, he discontinued. For this, the opposite party has produced the attendance register and also placed on file terms and conditions which are mentioned in the student registration Form, regarding refund of fee. 9. A perusal of Ex.R-1 i.e. Student Registration Form alongwith terms and conditions shows that the refund policy has been mentioned on the back of this Form which has been duly signed by the student and his father but these terms and conditions are vague. Nothing has been mentioned in this refund policy that if the student would not be satisfied with the teaching/coaching of the opposite party i.e. Lakshya Forum, then it will refund the amount. These terms and conditions are one sided only and in the favour of the opposite party who has got it published for their own business benefits. Moreover, 15 days time is a very less time to judge for the student whether institution is teaching according to the syllabus or not. It is a settled law that if the document is vague and ambiguous, having two interpretation, such a document would be read in the favour of the consumer not in the favour of the opposite party who has generated it. As per the law laid down by Hon'ble Supreme in case titled United India Insurance Co. Ltd. Vs. M/s Pushpalaya Printers, 2004(1) SC 22, wherein it has been held that:- “Interpretation: Two interpretations possible one beneficial to insured should be accepted: Words of documents if ambiguous, shall be constructed against party who prepared it.” Such institutions show greener pastures to the student but does not full fill the exact requirements. This has happened with the son of the complainant. By the time the student became fully conversant with the teaching policy, time of 3 months has already been passed. The complainant had deposited the fee of Rs.36,000/- (Rs.1,000/- + Rs.25,000/- + Rs.10,000/- = Rs.36,000/-) for one year and has studied only for 3 months. The complainant is entitled to get the refund of fee after deduction of fees for 3 months for which he had attended the classes in the institute of the opposite party. 10. Therefore, in view of what has been discussed above, this complaint is accepted with Rs.5,000/- as cost and compensation and the opposite party is directed to refund the amount of Rs.27,000/- after deducting the proportionate fee of three months i.e. Rs.9,000/- to the complainant. Compliance of this order be done within 30 days from the date of receipt of copy of this order. In case of non-compliance, the interest @ 9% p.a. will yield from the date of institution of this complaint till realization. A copy of this order be sent to the parties concerned free of cost and file be consigned for record. ' Pronounced in open Forum 26-09-2011 (Vikramjit Kaur Soni) President
(Sukhwinder Kaur) (Amarjeet Paul) Member Member |
