DIST.CONSUMER DISPUTES REDRESSAL COMMISSION,
KHURDA, BHUBANESWAR:
-ooOoo-
C.C.CASE NO.59/2018
Asish Behera, aged about 16 years,
S/o Sri Sushil Kumar Behera,
At – Kaniha NTPC, Talcher,
Qr.No.280, PO – Dipsikha, Dist – Angul,
through its Father Guardian, Sushil Kumar Behera.
…. Complainant
-Vrs.-
VIDWAN (Educational Trust), Plot No.20,
Unit – III, Behind the Bayyonika Bhavan,
Kharvel Nagar, Bhubaneswar, Odisha – 751001
Through its Vice- President.
…. Opp. Party
For the complainant : Mr.K.C.Prusty (Adv.)
For the O.P : Exparte
DATE OF FILING : 21/02/2018
DATE OF ORDER : 18/06/2022
ORDER
S.TRIPATHY, MEMBER (W)
1. The complainant has filed this Consumer Complaint U/s 12 of the C.P.Act, 1986.
2. The brief contention of the complainant is that, the complainant intended to take coaching for IIT-JEE. For this, he went through the Admission –cum- scholarship Test of Vidwan Institution, a preparatory institution for IIT-JEE. Also he got selected in this test and opted for admission into two years integrated (CBSE schooling and IIT-JEE Programme) for the year 2017-18 and 2018-19. The complainant deposited Rs.20,000/- on 13/04/2017 towards registration fee in cash , Rs68,000/- on 19/04/2017 towards admission and tuition fee vide cheque, Rs.9000/- on 19/04/2017 in cash towards miscellaneous, Rs.7500/- on 30/04/2017 in cash towards admission and tuition fee and Rs.40,000/- on 2/5/2017 in cash towards 1st installment of hostel charges, respectively in favour of the OP Vidwan (Educational Trust) to avail the said coaching. After taking admission, the complainant continued in the said programmee for two months only and could not continue further due to his illness and non-adjustment with the study method of the Institution. Thereafter, the complainant sought for refund of his paid amount towards the course fee/ programme fee from the OP and approached several times to the OP with request application. But the OP did not pay any attention to the complainant’s request. This forced the complainant to file this complaint against the OP and to seek relief from the District Commission. Hence this complaint.
3. Upon notice, the OP appeared before this Commission but failed to submit his written version despite taking sufficient time for this. Subsequently the OP was set exparte vide order dated 13/03/2019 and exparte hearing is taken up.
4. On perusal of the case record along with the documents placed therein, it is ascertained beyond dispute that the complainant has deposited a sum of Rs.1,44,500/- in aggregate towards registration fee for admission and tuition fee including hostel installment and other miscellaneous to the OP. Thereafter, the complainant continued his classes for a period of two months and then he could not continue due to his illness and non-adjustment with the method of study of the said Institute. For this, he approached the OP to refund the rest amount after deducting two months fee from his total payment. Now the question arises whether the OP Institution is liable to refund the amount claimed by the complainant as per the terms and conditions of their Institution or not? After going through the documents submitted by the complainant in details, it reveals that the money receipt supplied by the OP clearly mentions regarding the non-refundable and non-transferable condition of the deposited money. On being well aware of the terms and conditions, the complainant has taken admission into the course and as such, the reason for discontinuing the coaching is purely his personal choice. So, considering the above mentioned facts and circumstances, we are of the view that the complainant is not entitled to get the amount claimed for. Hence it is ordered.
ORDER
The complaint is hereby dismissed exparte against the OP without cost.
The order is pronounced on this day the 18th June, 2022 under the seal & signature of the President and Members of the Commission.
(S.TRIPATHY)
MEMBER(W)
Dictated & corrected by me
Member ( W)
I agree I agree
Member President
(B.R.SWAIN) (K.C.RATH)
Transcribed by Smt.M.Kanungo, Sr.Steno :
