BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA
Consumer Complaint No | : | 31 of 2024 |
Date of Institution | : | 02.02.2024 |
Date of Decision | : | 09.09.2024 |
Hritika, D/o Ravi Kumar R/o House No.1493, Saini Vihar Phase III, Baltana Punjab.
….Complainant
Versus
M/s Physicswallah Pvt Ltd. Panchkula Vidyapeeth SCO No.263, Sector-14, Panchkula, Haryana through its Managing Director.
….Opposite Party
COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019
Before: Sh.Satpal, President.
Dr.Sushma Garg, Member
Dr.Suman Singh, Member
For the Parties: Sh.J.K.Aneja, Advocate for the complainant.
OP ex-parte vide order dated 12.04.2024.
ORDER
(Satpal, President)
1. The brief facts, as alleged in the present complaint, are, that the complainant accompanied by her father visited the office of Opposite party(hereinafter referred to as OP), which is an coaching institute imparting coaching in various courses like NEET etc., to know about the coaching fee and other facilities to be provided by the OP to its students. During discussion, it was disclosed by the OP’s representative that, if any student leaves the course in the middle, in that event, half of the deposited fee would be refunded. It is stated that the complainant took the admission in OP’s coaching institution in the course of one year, namely, Vidyapeeth Dropper NEET 2024 Panchkula P4 New on 17.07.2023 and the payment of Rs.60,000/- was made to the OP institution. It is stated that the complainant attended the classes but she had to leave the course in the middle because she had got admission in nursing at GMCH, Sector-32, Chandigarh. The OP was informed qua the complainant’s admission in GMCH, Sector-32, Chandigarh and vide a application request for refund of the admission fee was made. However, lame excuses were taken by the OP and admission fee was not refunded to the complainant. A legal notice was sent to OP on 22.10.2023 but the same also failed to evoke any positive response. Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.
2. Notice was issued to the OP through process server received back served but none has appeared on behalf of the OP. Thus, due to non appearance of OP, it was proceeded ex-parte by this Commission vide its order dated 12.04.2024.
3. To prove the case, the learned counsel for the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-6 in evidence and closed the evidence by making a separate statement.
4. We have heard the learned counsel for the complainant and gone through the entire record available on the file including written synopsis filed by the complainant, minutely and carefully.
5. During arguments, the learned counsel for the complainant has reiterated the averments as made in the complaint as also in her affidavit(Annexure C-A) and contended that non refund of the admission fee by the OP after 06.09.2023, when the complainant had got admission in B.Sc Nursing in GMCH, Sector-32, Chandigarh was not justified because the complainant had left the institute and availed no services of the OP after 06.09.2023 and thus, the complaint is liable to be accepted by granting the relief as claimed for in the complaint.
6. The OP has preferred not to contest the present complaint by remaining absent despite services of notice and accordingly, it was proceeded ex-parte vide order dated 12.04.2024 and thus, the assertions made by the complainant against them go unrebutted and uncontroverted.
7. Evidently, a sum of Rs.60,000/- was paid to the OP coaching institute qua the admission of the complainant in one year course, namely, Vidyapeeth Dropper NEET 2024 Panchkula P4 New on 17.07.2023. It is also evident as per Annexure C-6 that the complainant had got admission in B.Sc nursing in GMCH, Sector-32, Chandigarh on 06.09.2023 and thus, she had left the OP institute on 06.09.2023. As per invoice(Annexure C-3) and receipt (Annexure C-6) qua admission of the complainant in GMCH, Sector-32, Chandigarh, it is evident that the complainant had availed the services of the OP w.e.f. 17.07.2023 till 06.09.2023. Though, no deficiency has been alleged qua the quality of the coaching imparted by the OP during 17.07.2023 to 06.09.2023 but the complainant had to leave the course in between on account of her admission in GMCH, Sector-32, Chandigarh on 06.09.2023. Therefore, vide Annexure C-4, the OP was immediately informed by the complainant qua her admission in GMCH, Sector-32, Chandigarh by making refund request. A legal notice was also sent to OP on 22.10.2023 seeking the refund of the admission fee as paid qua admission of the complainant but the OP neither responded to the application(Annexure C-4) nor to the legal notice(Annexure C-5). Moreover, the OP has preferred not to contest the present complaint by remaining absent during the proceedings of the case despite the receipt of the notice from Commission; thus, the averments made by the complainant are unrebutted and uncontroverted.
8. As per well settled legal proposition, it is impermissible for an educational coaching institution to withhold or forfeit the balance admission fee qua period, during which, no coaching facility was availed by the complainant. In this regard, the issue came up for discussion before the Hon’ble State Commission U.T. (Chandigarh), while deciding the appeal nos.223 of 2018, 292 of 2018 and 316 of 2018 vide a common order on 05.04.2019.
9. The Hon’ble State Commission, U.T.(Chandigarh), after hearing both the parties at length, held that if a student or a trainee finds the coaching, deficient, sub-standard and non yielding and he leaves the course mid-stream, in that event, the coaching institute is bound to refund the balance admission fee to him/her after deducting the amount, qua the period during which, he had attended the coaching classes; In case, a student leaves in between or midsession or after attending for few days or months, 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 coaching-institute.
10. The Hon’ble State Commission, U.T.(Chandigarh) has further held that when a student or his/her parents signs the admission form, they have no bargaining power to negotiate, or refuse to sign any particular clause in the admission form; hence, such clauses should not be held against the student.
11. The law laid down by the Hon’ble State Commission U.T. (Chandigarh) in aforesaid appeals holding the coaching institutes deficient and unfair, while not refunding the admission fee to the student on pro-rata basis, has been further followed by the Hon’ble State Commission vide its judgment delivered on 06.05.2022 in appeal no.103 of 2021 titled a FIITJEE Ltd. Vs. Mrs. Nisha Aggarwal.
12. The issue involved in the present complaint is squarely covered by the ratio of law laid down by the Hon’ble State Commission U.T.(Chandigarh) in the aforesaid appeals(supra). As such, the non refund of the admission fee by the OP to the complainant was neither valid nor justified and accordingly, the OP is held deficient while rendering services to the complainant.
13. In relief, the complainant has claimed the refund of admission fee amounting to Rs.60,000/- alongwith interest. Further, a sum of Rs.5,00,000/- and Rs.20,000/- have also been claimed on account of mental agony, harassment and litigation charges respectively.
14. The complainant has attended the OP institute w.e.f. 17.07.2023 till 05.09.2023 and thus, she had attended the institute for a period of One month months and 20 days. As per complainant, the admission fee amounting to Rs.60,000/- was deposited in OP’s institute for course of one year. After making deduction of amount of Rs.13,000/- on account of registration fee and study material etc.(Annexure C-3), the refundable amount on pro-rata basis is as under:-
a. Total amount paid Rs.60,000
b. Registration fee & Study material Rs.13,000
c. Fee qua 1 months 20 days for coaching availed Rs. 6,500
Total refundable amount(a-b-c) i.e. Rs.40,500
(60000-13000-6500)
15. As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OP:-
- To refund the amount of Rs.40,500/- to the complainant along with interest @ 9% per annum (simple interest) w.e.f. the date of filing of the present complaint till its actual realization.
- To pay compensation of Rs.5,000/- to the complainant on account of mental agony and harassment suffered by the complainant.
- To pay compensation of Rs.5,500/- to the complainant as litigation charges.
16. The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.
Announced on: 09.09.2024
Dr. Suman Singh Dr.Sushma Garg Satpal
Member Member President
Note: Each and every page of this order has been duly signed by me.
Satpal
President
