Tamil Nadu

North Chennai

CC/83/2021

Mr.venkatesan, S/o.C.Solai - Complainant(s)

Versus

The Manager,FIIT JEE - Opp.Party(s)

M.Manikandan B.Bharani

23 Jan 2023

ORDER

Complaint presented on  : 15.07.2021

Date of disposal               :23.01.2023

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

    PRESENT : THIRU. G. VINOBHA, M.A., B.L.,                       :PRESIDENT

                             TMT. KAVITHA KANNAN, M.E.,                                      : MEMBER-I 

                             THIRU.V.RAMAMURTHY,B.A.,B.L.,PGDLA.,               :MEMBER-II

                                          

C.C. No.83/2021

 

DATED THIS MONDAY THE 23^rd  DAY OF JANUARY 2023

 

S.Venkatesan,

S/o.C.Solai,

B2 Dev Apartments,

1A Thiruveethiamman Koil Street,

Velachery, Chennai-600 042.

                                                                                                           .. Complainant.                                                                          ..Vs..

 

1. The Manager,

FIIT JEE,

175, Poonamallee High Road,

Opp. Ega Theatre, Dasspuram,

Kilpauk, Chennai-600 010.

 

2. The Principal,

Maharishi Vidya Mandir Senior Secondary School,

No.28, Dr.Guruswamy Road,

Chetpet, Chennai-600 031.

                                                                                                           ..  Opposite parties.

 

 Counsel for the complainant                      : M/s.A.Laxmi Raj Rathnam and 5 others

 

 Counsel for  opposite parties                    : Exparte.

 

 

 

 

ORDER

TMT. KAVITHA KANNAN, M.E.,           : MEMBER-I         

This complaint has been filed by the complainant against the opposite parties under section 35of the Consumer Protection Act, 2019 prays to direct the opposite parties to pay a sum of Rs.123600/- which was collected for four years study program for IIT & JEE and to pay a sum of Rs.50000/-as compensation for mental agony and to pay Rs.10000/- towards costs.

1.THE COMPLAINT IN BRIEF:

          The complainant submitted that the complainant’s son namely Naresh V.G. was doing his 8^th standard in DAV school at Velachery and he joined the 1^st opposite party for weekend program.  The complainant submitted that seeing his performance in the weekend program the 1^st opposite party recommended for Supreme 4 years Integrated School Program for IIT-JEE. As per the recommendation of the 1^st opposite party, the complainant made his son to take the test and he secured good marks so he offered his scholarship and ask the complainant to pay fees of Rs.390170 for monthly instalment. Further the 1^st opposite party got admission for the complainant’s son with 2^nd opposite party for his 9^th and 10^th education with 2^nd opposite party. The complainant stated that middle of his 10^th standard 1^st opposite party directed the complainant through 2^nd opposite party to pay the 11^th standard Supreme-4 years Integrated School Program For IIT-JEE program for of Rs.123600/- paid to the opposite parties. The complainant stated that the complainant’s son was doing his 10^th standard he was assigned with a new project by his office due to which he might unexpectedly go to shift house so he was not possible for his son to continue with both opposite parties for his education so he sought for his transfer certificate and refund of Rs.123600/- paid to 1^st opposite party which was paid for the 11^th standard program of the complainant’s son. The complainant stated that the opposite parties are turning deaf to the request of the complainant and trying defraud the complainant and with the intention to spindle the money for the classes which was not been taken and further 1^st opposite party have replied that the 1^st opposite party will not refund the amount. The complainant stated that taking money for the program not conducted and not returns the said money after the discontinuing of the program even before the commenced. The act of the opposite parties is fully deficiency in service. The complainant caused legal notice to opposite parties on 29.03.2021, there was no reply from the opposite parties. The complainant prayed that to pay a sum of Rs.123600/- which was collected for four years study program fit IIT & JEE with compensation. Hence this complaint. 

2. POINTS FOR CONSIDERATION:

1. Whether the opposite party caused any deficiency in service as alleged in the complaint?

2. Whether the complainant is entitled to the reliefs prayed in the complaint.

If, so to what extent?

Complainant had filed proof affidavit, written argument and documents Ex.A1 to A5 were marked on the complainant side.  The Opposite parties were set exparte.

3. Point No.1:-

          As per complaint, the complainant’s son namely Naresh .V.G. who was studying 8^th standard in DAV Velachery, joined a weekend program with the 1^st opposite party. As per the 1^st opposite party recommendation the complainant made his son to take up an eligibility test with 1^st opposite party who secured good marks and was offered a scholarship for a 4 year-Integrated School program for IIT-JEE coaching according to which the complainant had to pay Rs.3,90,170 for which the 1^st opposite also offered an installment payment every year. Subsequently the complainant’s son got admission with the 2^nd opposite party for class X who was again instructed to pay Rs.1,23,600/-for a 4-year Integrated school program for IIT-JEE program which was paid by the complainant as well. In course of time the complainant who was assigned a new project proceeded to transfer his son from the current school as shifting house was not possible and hence applied for TRANSFER CERTIFICATE and thereby refund the Rs.1,23,600/- which was paid for the XI standard school program. The opposite parties denied to refund the paid amount relying on some enrolment contract but which had no specific clause as stated by the opposite parties. The complainant also alleged that taking money for the program not conducted could be returned being cancelled prior to the commencement of the classes and also stated that both the opposite parties acted hand in glove and the service not rendered and not returning the fee proves fraudulent on account of opposite parties. The legal notice filed by complainant dated 29-03-2021 was received but unanswered by both opposite parties. Hence the complaint praying to refund the sum of Rs.1,23,600/- paid for the 4 year Integrated School Program for IIT-JEE program and to compensate the mental agony caused with Rs.50,000/- and Rs.10,000/- towards cost of complaint.

4. The complainant’s son Naresh.G.V got enrolled with 1^st opposite party on 19-11-2017 for a Supreme 4 year Integrated School Program for IIT-JEE with enrolment number -9020611820015 paying a sum of Rs.50,400/- in the form of DD during admission for which the course would be commencing from April 2018 and the total amount paid by the complainant to the 1^st opposite party summing upto Rs.2,89,775/ -paid in 12 installments via DD and Post dated cheques as per the enrolment report  Ex.A1. As per Ex.A2 the complainant has submitted 10 post-dated cheques to the 1^st opposite party on 19-11-2017 .The transfer certificate issued on 17-07-2020 is marked as Ex.A3.the legal notice filed to both opposite parties seeking refund of Rs.1,23,600/-and the acknowledgments marked as Ex.A4 and A5 respectively.

          5. The complainant enrolled his son for 4 year Supreme Integrated School program during his 8^th standard for IIT-JEE coaching with the 1^st opposite party on 19-07-2017 paying  a sum of Rs.50,399/- at the time of admission, the total sum to be Paid  for the 4 year program being Rs.3,90,170/-and the classes would be commenced from April 2018 that is when the complainant’s son gets into 9^th standard is evident as per pg.no.3 in Ex.A1.As per ExA2, further installment schedules the complainant had paid a total amount of Rs.2,89,775/- in 12 installments vide post dated cheques which were also submitted to the 1^st opposite party on the day of admission 19-11-2017.The complainant being the father of the Said Naresh.V.G had given undertaking in the enrolment contract and  various other declarations during the admission procedure. After the said Naresh completed his Xth std exams and his father  decided to transfer his son from the current 2^nd opposite party school to another location for any reasons as mentioned in complaint, and the Transfer Certificate received for the same has been filed as Ex.A3. On the decision to transfer his son from 2^nd opposite party premises to another location the complainant had requested for refund of the fee paid for the XI standard, the sum being Rs.1,23,600/- as a part of the four year program which was denied by the 1^st opposite party which had led to issuing of legal notice by the complainant to both the opposite parties marked as Ex.A4 and the acknowledgment of the same evident that the both opposite parties received the notice and failed to answer them suitably.

6. Perused documents, As per Ex.A1 the complainant had paid the total fee of Rs.2,89,773/- to the 1^st  opposite party the initial payment done via DD on the day of admission on 09-12-2017 and while 10 installment schedules were paid by the complainant vide 10 post dated cheques which were submitted on 19-11-2017prior to the admission date of 09-12-2017 which had also been encashed by the 1^st opposite party subsequently, hence all 12 installments had been completely paid by the complainant.

7. Though As per clause 10 of the undertaking in the declaration in Ex.A3 it is stated that the fees once paid will not be refunded whatever be the reason, retaining the fee paid for a service which was not rendered is not valid and where the fee paid has not been utilized by the consumer the said fees paid in advance is liable to be refunded as it amounts to unfair trade practice to retain the fee paid even after the student withdrew from the program. The complainant has relied upon a decision reported in SCDRC Chandigarh in Fitjee Ltd Vs Vikram Seth (Minor) through his natural guardian in Appeal no.223 of 2018 dated 05.04.2019 and contended that fitjee limited being a private institute have no statutory regulations and it is not a statutory body imparting education and hence it is a mere business establishment rendering educational service to the students by charging heavy fees and it cannot to be allowed to on an advantageous position keeping in mind the interest of poor consumer when student or his parents signs the admission form they  have no bargaining power to negotiate or refuse to sing in the admission form hence such clauses should not be held against the student and collecting huge amount by the opposite party without imparting any coaching will amount to unfair trade practice upon such institute. Hence such clause cannot be given legal weight as it is grossly an unfair trade practice on the part of the 1^st opposite party as it is against public interest at large and it is further found that the 1^st opposite party had also collected the fee for four years program well in advance instead of collecting fee for the current year which would amount to unfair trade practice and it is further found that the non refund of the amount claimed by the complainant by the 1^st opposite party will amount to deficiency in service on the part of the 1^st opposite party. There is no proof of  unfair trade practice having been established and proved against the 2^nd opposite party and hence the 2^nd opposite party is not liable to answer the claim of the complaint.

8. The complainant’s son in the present case being shifted to another institution due to unforeseen situation may have to pay another fee at the next institution to continue with his next two years of higher secondary studies and hence the complainant is entitled for refund of Rs.123275/- being the amount paid towards 9^th and 11^th installment which is found in Ex.A1.   Point No.1 is answered accordingly.

9. PointNo.2:-

Based on findings given in Point No.1 there is deficiency of service and unfair trade practice on the part of 1^st opposite party in not refunding the amount to the course which was discontinued by the complainant and hence the 1^st opposite party is directed to pay a sum of Rs.123275/- to the complainant which was received towards Supreme 4 years Integrated School Program for IIT-JEE by the 1^st opposite party and to pay a sum of Rs.30000/- as compensation for hardship and mental agony caused to the complainant and to pay Rs.5000/- towards cost of the complaint. Point No.2 is answered accordingly.

In the result, the complaint is partly allowed. The 1^st opposite party is        directed to refund a sum of Rs.123275/- to the complainant which was received by the 1^st opposite party towards Supreme 4 years Integrated School Program for IIT-JEE which was discontinued by the complainant and to pay a sum of Rs.30000/- as compensation towards mental agony and also pay a sum of Rs.5000 towards cost of this complaint. The above amount shall be paid to the Complainant within two months from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of    order till the date of payment.  The complaint against the 2^nd opposite party is dismissed.

Dictated  by the Member-1 to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 23^rd  day of January  2023.

 

MEMBER – I                  MEMBER – II                                        PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1	09.12.2017	FIIT JEE Enrolment report.
Ex.A2	09.12.2017	FIIT JEE Enrolment contract.
Ex.A3	17.07.2020	Transfer certificate from the 2nd opposite party.
Ex.A4	29.03.2021	Legal notice to both opposite parties.
Ex.A5		Acknowledgement card and postal track.

 

MEMBER – I                     MEMBER – II                                     PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

C.C.No.83/2021, Dated:23.01.2023

Order Pronounced,

    In the result, the complaint is partly allowed. The 1^st opposite party is   directed to refund a sum of Rs.123275/- to the complainant which was received by the 1^st opposite party towards Supreme 4 years Integrated School Program for IIT-JEE which was discontinued by the complainant and to pay a sum of Rs.30000/- as compensation towards mental agony and also pay a sum of Rs.5000/- towards cost of this     complaint. The above amount shall be paid to the Complainant within two months from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of order till the date of payment.  The complaint against the 2^nd opposite party is dismissed.

 

C.C.No.13/2022, Dated:23.01.2023

Order Pronounced,

In the result, the complaint is partly allowed.  The 1^st and 2^nd opposite  parties are directed to rectify the defects and to do necessary repairs free of cost to the disputed AC machine within two months from the date of   order and opposite parties are directed to pay jointly or severally a sum of Rs.20,000/- as compensation and also pay a sum of Rs.5000/- towards cost of this complaint. The above amount shall be paid to the Complainant within two months from the date of receipt of the copy of this order, failing which the above said amount shall  carry 9%   interest from the date of order till the date of payment.