DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

  Case No. 478/2012

Sh. Hari Ram

R/o B-9, Maa Katyani Apartments,

Nai Basti, Deoli,

New Delhi-110062                                                          …Complainant

Versus

1.       M/s Brilliant Tutorial Pvt. Ltd.

50-C, Kalu Sarai (Behind Azad Apartments)

New Delhi-110016

2.       Mr. T. Neelakantan, Chairman

          M/s Brilliant Tutorial Pvt. Ltd.

          12, Masilamani Street, T Nagar

          Chennai-600017                              

3.       Dr. Vasant Neelkantan, M.D.

           M/s Brilliant Tutorial Pvt. Ltd.

          12, Masilamani Street, T Nagar

          Chennai-600017                              

4.       Mr. Shyam Nagarajan, Director

          M/s Brilliant Tutorial Pvt. Ltd.

          12, Masilamani Street, T Nagar

          Chennai-600017                                              …Opposite Parties

                                               Date of Institution: 13.09.12        Date of Order      : 04.10.18

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Memer

ORDER

Naina Bakshi, Member

In nutshell, the case of the complainant is that complainant’s enrolled his son, namely, Master Abhinav with the OPs for Board- Cum- Two Years Classroom Programme – Plus [ B- TYCP-PLUS] for the entrance of “IIT- JEE 2013)” preparatory weekend (SAT & SUN) vide registration No.11PDS110611001 and enrolment No. 12PS13DS0095 and paid Rs.80,000/- in cash, Rs.13,049/- and Rs.10,000/- through cheque Nos.408526 & No. 057104 respectively on 18.06.11, totaling amounting to Rs.103049/- for entire two year coaching fees.  It is submitted that the OPs promised that the classes will be started from 1^st week of June and continued to till 1^st week of October, 2011. Thereafter, initially few of the classes and at later stage all the classes were completely stopped. The complainant came to know that the OPs stopped its operation across the country. It is submitted that the complainant  alongwith parents of the other students kept on approaching and contacting the OPs for finding out the possibilities of restarting  its operation, so to avoid children from suffering in their preparation for IIT- JEE or alternatively for the refund of advance fees deposited with the OPs but in vain. It is submitted that all the parents have been cheated and fooled by the OPs. Complainant started searching for alternative classes for his son for continuing coaching classes but the syllabus in other institute were already covered, hence, the precious time till April, 2012 was wasted.  It is submitted that the complainant got his son admitted in one year preparatory classes of another institute i.e. FIIT -JEE for which an extra expenses in the form of fee of Rs.96338/- had to be borne by the complainant. The complainant sent a legal notice on 04.08.12 which was duly served to the OPs but no reply was received. Hence, Complainant has filed this complaint for seeking following directions against OPs Institute:

1.  to pay a sum of Rs. 5,00,00/- to the complainant  jointly and severally on account of their illegal and negligent acts, deficiency in service, unfair trade practices, causing wrongful loss, mental agony, harassment and torture etc. and for causing irreparable loss and damage to the bright carrier of the complainant’s son alongwith the advance fees deposited by the complainant.
2. to pay interest @ 18% per annum from the date of admission to the OPs’s institute from June, 2011 till the date of payment.
3. to pay Rs.50,000/- towards litigation charges.

OPs in their written statement has inter-alia stated that the Complainant is not entitled to any refund of fee as the Complainant had voluntary agreed to the terms and conditions of the registration of the course that “the fee once paid shall not be refunded under any circumstances”. Secondly, the complaint is also barred on account of territorial jurisdiction. Thirdly, Complainant does not also fall within the definition of the “consumer” as defined under the Consumer Protection Act, 1986. Since, there is no deficiency in service on behalf of the OPs it is not liable to pay anything to the Complainant. Hence, OPs have prayed for dismissal of the complaint. 

Complainant has filed a rejoinder and reiterated the averments made in the complaint.

Complainant has filed his affidavit in evidence. On the other hand, affidavit of Dr. Vasanti Neelakantan, Managing Director has been filed in evidence on behalf of the OPs.

Written arguments have been filed on behalf of the parties.

We have heard the oral arguments of the complainant and have also gone through the file very carefully.

Admittedly, Complainant’s son, namely, Master Abhinav was got admitted with the OPs for two year course for the preparation of Competitive Examination and paid a total course fee amounting to Rs.103049/-. Complainant’s son attended the institute of the OPs but the OPs closed down its institute from October, 2011.  Complainant’s son attended the institute of OPs for only few classes and the child was left without coaching for remaining a period. Thus, there was no fault on the part of the Complainant.  The term that the “fee once paid is not refundable” is not acceptable to the Forum because without providing any service to the Complainant, OPs cannot be allowed to forfeit the entire fee or consideration received in advance.  The term that the “fees once paid is not refundable” is unconscionable as well as voidable.  OPs cannot be allowed to take benefits of their own wrong.

Complainant is a consumer. This Forum has the territorial jurisdiction to entertain the complaint since the son of the Complainant had been given admission in OPs’s institute at Kalu Sarai, New Delhi. 

In view of the above, we are of the view that the OPs’s Institute cannot retain the entire fee amount. Rather, it was required to refund the proportionate amount for which the Complainant attended the coaching of the OPs’s institute. In this case, Complainant attended the institute only for few classes. So, OPs could deduct the fee for that period only. Therefore, we hold the OPs guilty of deficiency in service and indulging into unfair trade practice.

We direct the OPs to refund the amount of Rs.1,03,0490/- paid by the Complainant alongwith interest @ 6% from the date of filing of complaint till it is refunded as it was OPs who closed down its institute without any fault/intimation to the Complainant. It is not the case of either of the parties that the Complainant stopped attending the institute of his own. Rather, it is the OPs who spoiled the career of the Complainant by their act. Therefore, OPs shall also pay a sum of Rs.20,000/- as compensation for physical harassment and mental agony and a sum of Rs.5,000/- towards cost of litigation to the Complainant.

The order shall be complied within 30 days of receipt of copy of this order failing which OPs shall become liable to pay interest 9% per annum from the date of filing of the complaint till its realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 04.10.18.