West Bengal

Bankura

CC/86/2023

Sri Avigyan Khan - Complainant(s)

Versus

The Central Head,FIITJEE Ltd. Of Durgapur Circle - Opp.Party(s)

Ananda Gopal Sinha

10 Jan 2024

ORDER

  IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 86/2023

                                 Date of Filing:   12/09/2023                     

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Ananda Gopal Sinha

For the O.P.:  Ld. Advocate Ram Saheb Mukherjee

Complainant  

Sri Avigyan Khan, S/O-Sri Alak Ranjan Khan,R/O-Vill&P.O-Khatra,P.S-Khatra,Dist-Bankura

Mob-9474566542

                                                       .

Opposite Party                                                                                                                        

The Central Head, FIITJEE Ltd. Of Durgapur Circle, Office at City Centre, Durgapur, Dist-Paschim Bardhaman, Pin-713216                                                                          

Order No.05,

Dt.10-01-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder:  

The Complainant’s case is that he being an Higher Secondary student of Bengali medium School got enrolled with O.P. being the Coaching Centre for admission to online Two year Class Room Programme for J.E.E. (Advanced) for the Year-2022-23 / 2023-24 and paid Rs.2,51,579/- as fees and Rs.28,900/- as Book fees. Being a Bengali medium student he could not follow the online classes being imparted in English/Hindi and as such he has withdrawn from the online classes w.e.f. 30/08/2022 and demanded refund of the deposited amount from the O.P. but the same was declined. Advocate’s letter dated: 07/02/2023 was also sent to the O.P. to that effect. The Complainant has now approached this Commission for refund of the entire fees totaling Rs.2,98,180/-.

O.P. contested the case by filing a written version contending inter alia that they are not liable for refund of fees as per terms and condition of the admission where it is specifically provided that if the candidate leaves the Institute midway before completing the full course for any reason whatsoever he shall not be entitled for refund of fees. The O.P. has therefore prayed for dismissal of the case.

                                                                                                                                                                                Contd……p/2

 

Page: 2

                                                                                      -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that the Complainant on his own left the online coaching classes without completing the full course because of his difficulty in understanding the classes being held in English/Hindi version. The O.P./Institute has no provision for imparting online classes in Bengali. It is the common practice of the Institute like O.P. to hold online classes in English/Hindi specially engineering subjects to which the Complainant got admitted. Knowing fully well the terms and condition of admission the Complainant got enrolled with O.P./Institute. The advocate’s letter dated: 07/02/2023 sent on behalf of the Complainant to the O.P./Institute has clearly spelt out that as the Complainant is a Bengali medium student he could not follow the online classes being conducted through English/Hindi version. No such terms and condition could be shown on behalf of the Complainant which can suggest that the O.P./Institute has also the option of conducting online classes in Bengali version on the request of the candidate.

The Commission therefore finds no deficiency in service on the part of the O.P./Institute and both parties are bound and to comply the terms and condition of the admission and from that point of view the Complainant is not entitled to get any refund of the deposited fees. It may be mentioned here that unlike educational institution offering degree/diploma conducting coaching classes will however come within the purview of the Consumer Protection Act as has been held by the Hon’ble NCDRC, New Delhi in a decision dated: 20/01/2020 (Manu Solanki Vs. Vinayaka Mission University).

Hence it is ordered……..

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT            HON’BLE MEMBER