Delhi

North East

RBT/CC/231/2022

HARSHIT KUMAR - Complainant(s)

Versus

SHRI BALWANT INSTITUTE OF TECHNOLOGY - Opp.Party(s)

20 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

 

                                             RBT/Complaint Case No. 231/22

 

 

 

In the matter of:

 

 

 

	Sh. Harshit Kumar S/o Sh. Sanjeev Kumar R/o E-158, St No.8, Swaroop Nagar, Delhi-110042	Complainant
	Versus
	Sh. Balwant Institute of Technology(SBIT) 236, Sarai Peepal Thala Adarsh Nagar, Delhi-110033   Sh. Balwant Institute of Technology(SBIT) Meerut Road, Pallri Sonipat(NCR Delhi) Haryana-131001	Opposite Party No.1                   Opposite Party No.2

 

 

DATE OF INSTITUTION:        JUDGMENT RESERVED ON:                           DATE OF ORDER:

12.10.18 28.02.23 20.04.23

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

Case of the Complainant           

1. The case of the Complainant as revealed from the record is that the Complainant applied for admission in Opposite Party No.1 and deposited Rs. 10,000/- against receipt no. 18000119 on 15.06.18. On 28.06.18 the Complainant again deposited Rs. 25,800/- against receipt no. 18000120 and the Complainant attended the class for two days only. The Complainant stated that instructor also did not attend the class so Complainant could not continue the class due to non-providing of facilities. The Complainant stated that he requested Opposite Party to refund his money on 10.09.18 request letter for fee refund was sent to Opposite Party on 08.09.18 but Opposite Party did not entertain the request of Complainant. On 08.10.18 the Complainant has also sent an email to Opposite Party but all in vain. The Complainant stated that he had also an audio recording with the principal for refund of fees and the principal agreed to refund the fee, but till today they fail to refund the fees.  Despite request the fee of the Complainant was not refunded to him. Hence this shows deficiency on the part of Opposite Parties. Complainant has prayed for amount of Rs. 35,800/- with interest @ 24 % p.a. from the date of its deposition to date of realization. He has also prayed for compensation of Rs. 50,000/- for mental harassment and Rs. 1100/- for litigation cost. 

Case of the Opposite Parties

2. The Opposite Parties contested the case and filed written statement. It is stated by Opposite Parties that the complaint is not maintainable as the Complainant is not consumer within the meaning of the Consumer Protection Act, 1986. It is stated that the guardian of the Complainant had given the undertaking that they had understood the cancellation and refund policy of the institute. Undertaking was given by the Complainant that he would not withdraw during the mid-course and in such event of withdrawal by him the fees would not be refunded. It is stated that the Complainant has never cancelled his admission and straightway has asked for refund of his fees. It is stated that the complaint is without any merit and the same be dismissed.

Rejoinder to the written statement of Opposite Parties

3. The Complainant filed rejoinder to the written statement of Opposite Party wherein the Complainant has denied the pleas raised by the Opposite Party and has reiterated the assertions made in the complaint.

Evidence of the Complainant

4. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Parties

5. In order to prove its case, Opposite Parties has filed affidavit of Ms. Aparna Babbar, wherein the averments made in the written statement of Opposite Parties have been supported.

Arguments & Conclusion

6. We have heard the F/o the Complainant and Ld. Counsel for the Opposite Parties. We have also perused the file and the written arguments filed by and Opposite Parties. The case of the Complainant is that he has taken the admission in BCA course in the institution of the Opposite Parties. He has deposited an amount of Rs. 35,800/- as fees. The Complainant has attended for two days but he was not satisfied with the teaching staff and other facilities. Thereafter, he requested the Opposite Party for refund of his fees.  The case of the Opposite Parties is that the Complainant is not a consumer and the Complainant has never got cancelled his admission as per the policy of the institution therefore he is not entitled for any refund.
7. The counsel for the Opposite Parties has placed reliance upon judgment of NCDRC in the case of Rajender Kumar Gupta vs. Dr. Virendra Swarup Public School and Another reported in 2021 SSC Online. In the said judgment, it was held that educational institutions are not service provider within the definition of Consumer Protection Act and it was held that the education is not a commodity and educational institutions are not providing any kind of service, therefore in the matter of admission, fees, etc., there cannot be a question of deficiency of service. It was further held that the such matters cannot be entertained by the consumer forum.
8. Further from the perusal of the record shows that the Complainant has never got his admission cancelled and he has straightway requested for refund of his fees. The perusal of the file shows that the Complainant has given an undertaking dated 15.06.18 wherein he has stated as under:
9. I understand that if I cancel/withdraw my admission from this Institute then the Institute fee and the Transport fee will be not refundable”
9.  Therefore it is clear that at the time of admission the Complainant has stated that he was aware that in case of cancellation/withdraw of his admission from the institute, his fees would not be refundable.
10. Therefore, in view of above discussion, we do not find any merit in the complaint and the complaint is dismissed.
11. Order announced on 20.04.23.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room. 

(Anil Kumar Bamba)           Member

(Adarsh Nain) Member

(Surinder Kumar Sharma) President