Chandigarh

DF-II

CC/464/2020

Dr Bhupendra Singh Rana - Complainant(s)

Versus

Mr Pushkar Rai, Centre Head & faculty Chemistry, Allen carrier Institute - Opp.Party(s)

In Person

02 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	464/2020
Date of Institution	:	17.09.2020
Date of Decision	:	02.01.2024

 

                     

            

 

Dr.Bhupendra Singh Rana r/o H.No.3152, Sector 24-D, Chandigarh.

…Complainant

Versus

1. Mr.Pushkar Rai, Centre Head & Faculty Chemistry, ALLEN Career Institute, Siddh-1, Plot No.808, Industrial Area, Phase-II, Chandigarh -160002

2. Rajesh Maheshwari, Director (s), ALLEN Career Institute M/s CP-6, Indra Vihar, Kota (Rajasthan), India-324005.

…. Opposite Parties

 

BEFORE:
	AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
PRESENT:-
	Complainant in person.
	Sh.Tarunjit Singh Grewal, Counsel for OPs.

 

ORDER BY AMRINDER SINGH SIDHU, M.A (Eng.), LLM, PRESIDENT

1.     The complainant has filed the present complaint pleading that his son namely Abhijay Singh Rana (Form No.1926874)  was student of OPs-Institute for the year 2019-20 and he was regularly attending the classes. The complainant paid the tuition fee in advance for the financial year 2020-21 on 20.12.2020 vide fee challan (Annexure C-1). His son showed disinterest to continue further to study in February, 2020 as he is not gaining much from the coaching courses run by the OPs  and as such the complainant vide letter dated 03.03.2020 requested the OPs to refund the entire course fee of Rs.1,37,700/-. The complainant informed the OPs well in advance before the start of FY 2020-21 and more than a month ahead of starting of the coaching classes.  However, the OPs refused to accept the letter without student i.e. the complainant’s son.  On 05.03.2020, the complainant was forced to take the student to the Office of the OPs at Industrial Area Branch and the front desk staff of the OPs interviewed the complainant’s son to accept the refund letter. It has further been alleged that the OPs have harassed the complainant and his family members by unnecessarily cajoling to continue to take the coaching. On 18.03.2020, the complainant got a partial refund of Rs.,1,12,700/- out of the aforesaid amount and the complainant vide email dated 19.03.2020 requested the OPs to refund the remaining amount of Rs.25,000/- immediately but the same has not been refunded to him despite his requests.  Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking refund of the remaining amount of Rs.25,000/- along with interest, compensation and litigation expenses.
2.     After service of notice upon the OPs, they appeared before this Commission and filed their written version stating therein that the complainant is not entitled for refund of entire amount as the OPs paid the GST amount of Rs.21,005/- to the Government out of the total received amount and the OPs cannot be made liable to suffer for the fault of the complainant as after taking admission with his free will and consent, afterwards requested for refund of the same on baseless grounds. It has further been stated that fees once paid cannot be refunded under any circumstances. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service or unfair trade practice on their part, the OPs prayed for dismissal of the complaint.
3.     We have heard the complainant in person and Counsel for the OPs and have gone through the documents on record.
4.     The main question to be determined in the present complaint is whether the complainant is entitled to refund of the tuition fees from the OPs or not?
5.     In order to find out answer to the above mentioned issue, it is necessary to discuss the following facts and circumstances of the case:-
6.     From the thorough perusal of the documentary evidence on record, it is clear that the complainant’s son namely Abhijay Singh Rana (Form No.1926874) was student of OPs-Institute for the year 2019-20 and deposited the fee in advance for the financial year 2020-21 on 20.12.2020 vide fee challan (Annexure C-1). Since, the complainant made the request for refund of the tuition fees vide letter dated 03.03.2020 i.e. well before the commencement of the coaching classes and as such the complainant is entitled for the refund of the entire deposited amount. Therefore, the refund of the part amount of Rs.1,12,700/- after deduction of the GST by the OPs certainly amounts to deficiency in service as well as indulgence into unfair trade practice on their part.
7.     The Hon’ble National Consumer Disputes Redressal Commission in the case of Manu Solanki & Ors. Vs. Vinayaka Mission University (Formerly known as Vinayaka Mission’s Research Foundation Deemed University), Consumer Case No.261 of 2012,  decided on 20.01.2020, has held that “any defect or deficiency or unfair trade practice pertaining to a service provider like ‘Coaching Centres’ does fall within the jurisdiction of the Consumer Fora.”  Therefore, the complainant, who hired the coaching services of OPs is a ‘consumer’ qua it. 
8.         In view of the foregoing discussion, the complaint is partly allowed with a direction to the OPs to refund the remaining amount of Rs.25,000/- to the complainant along with interest @ 9% p.a. from 01.03.2020 till the date of its actual realization to the complainant. 
9.     This order be complied with by the OPs within 90 days from the date of receipt of its certified copy.
10.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room

Announced in open commission 02.01.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (B.M.SHARMA) MEMBER