Tamil Nadu

South Chennai

CC/99/2019

Kishore Sambasivam - Complainant(s)

Versus

M/s FIIT JEEE - Opp.Party(s)

M/s Hari & Guru Assts

25 Sep 2019

ORDER

                                                              Complaint presented on : 01.04.2019

                                                              Date of Disposal            : 25.09.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.99/2019

DATED THIS WEDNESDAY THE 25^TH DAY OF SEPTEMBER 2019

                                 

Kishore Sambasivam,

No.6-C, Vivekanandar Street,

Arumbakkam,

Chennai – 600 106.                                                         .. Complainant. 

                                                                                               ..Versus..

1. The Manager,

FIITJEE LIMITED,

FIITJEE House,

No.29-A, Kalu Sarai,

Sarvapriya Vihar,

(Near Hauz Khas Bus Terminal),

New Delhi – 110 016.

 

2. The Manager,

FIITJEE LIMITED,

No.51, Fiitjee Towers,

Dr. Ramasamy Salai,

K.K. Nagar,

Chennai – 600 078.                                               ..  Opposite parties.

          

Counsel for the complainant  :  M/s. HARI & GURU ASSOCIATES &

                                                   another

Opposite parties 1 & 2           :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to refund the sum of Rs.1,27,317/- with interest till the date of payment and to pay a sum of Rs.2,00,000/- towards compensation for mental agony with cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that his daughter Meghna Kishore enrolled with the opposite parties’ educational institution vide Enrollment No.9062621710001 and Registration No.3090016221610160020 ID No.00081341 for ‘9062-Four Year Classroom Program JEE (Advanced)’ – Weekend contact classes commenced on 15.11.2016.  The complainant submits that he has paid the fees for the entire course by post dated cheques in advance favouring the opposite parties.  The opposite parties deposited the post dated cheques viz cheque No.238033 dated:10.10.2018 for Rs.1,06,205/-, Cheque No.238034 dated:10.10.2018 for Rs.8,247/-, cheque No.238037 dated:11.10.2018 for Rs.6,555/- and cheque No.238038 dated:10.10.2018 for Rs.6,210/- were all encashed by the opposite party.  Thereby, the opposite parties collected a sum of Rs.1,27,317/-.  The complainant submits that his daughter, Meghna Kishore would not pursue the course further.  Since, she had different plans and personal inconvenience, she requested the opposite parties to return the post dated cheques.   The concerned staff noted the cheque Nos. and other details for necessary action at their end and assured that the cheques would not be presented and will be returned as early as possible.  The complainant’s wife visited the Velachery Branch and asked about the same but the officials gave evasive replies and said nothing could be done then and rejected the complainant’s request to refund the fees encashed by them through post dated cheques.  The act of the opposite parties amount to deficiency in service and unfair trade practice which caused great mental agony.   Hence, the complaint is filed.

2.     In spite of receipt of notice, the opposite parties 1 & 2 have not appeared before this Forum and the opposite parties 1 & 2 were set exparte.

3.     Though the opposite parties 1 & 2 remained Ex-parte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to Ex.A3 are marked.

5.      The points for consideration is:-

1. Whether the complainant is entitled to get return of a sum of Rs.1,27,317/- paid towards fees for the complainant’s daughter for ‘9062-Four Year Classroom Program JEE (Advanced)’ with interest as prayed for?
2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for mental agony with cost of Rs.10,000/-?

6.      On point:-

The opposite parties 1 & 2 after due service of notice not turned up and appeared before this Forum and were set ex-parte. The complainant filed proof affidavit, documents, written arguments etc.  Perused the records.  The complainant pleaded and contended that his daughter Meghna Kishore enrolled with the opposite parties’ educational institution vide Enrollment No.9062621710001 and Registration No.3090016221610160020 ID No.00081341 for ‘9062-Four Year Classroom Program JEE (Advanced)’ – Weekend contact classes commenced on 15.11.2016. Further the contention of the complainant is that he has paid the fees for the entire course by post dated cheques in advance favouring the opposite parties.  The opposite parties deposited the post dated cheques and encashed on 10.10.2018 and 11.10.2018 respectively.  Thereby, the opposite parties collected a sum of Rs.1,27,317/- as per Ex.A1 (S).  On a careful perusal of Ex.A1(S), it is seen under the heading ‘Important Instructions’ it reads as follows:

“1. Fee once paid is non refundable under any circumstances”.

 7.    Further the contention of the complainant is that his daughter, Meghna Kishore would not pursue the course further.  Since, she had different plans and personal inconvenience, she requested the opposite parties to return the post dated cheques.  But the complainant admittedly placed his daughter for the ‘9062-Four Year Classroom Program JEE (Advanced)’ from the year 2016.  The complainant totally suppressed the period of education made with the opposite parties’ institution.  It is also seen from Ex.A1 (S) that fees once paid shall not be refunded.  Considering the facts and circumstances of the case, this Forum is of the considered view that the complainant is not entitled to any amount paid towards fees and hence, the complaint is liable to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 25^th day of September 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	15.11.2016	Copy of Enrolment Report of the complainant’s daughter
Ex.A2	21.01.2019	Copy of legal notice to the opposite parties
Ex.A3		Copy of postal acknowledgement from the opposite parties 1 & 2

 

 

MEMBER                                                                                                                                                                            PRESIDENT