VELJEE (PROF ) Vs. AMBARISH ANIL KULKARNI

JUDGEMENT

(1.) THE appellant is the original opposite party. He is aggrieved by the majority (dissenting) order dated 24.3.2008 passed by the Consumer Disputes Redressal Forum (District Forum) North Goa in Consumer Dispute No. 53/2006, whereby he was directed to refund a sum of Rs. 4,000 along with interest @ 12% and costs of Rs. 5,000. The respondent is the original complainant.

(2.) CONSPECTUS of the complaint as culled from the records is that the respondent/ complainant was preparing for HSSC examination and required coaching in Physics, Chemistry and Mathematics; he sought admission with the appellant/ opposite party on 28.1.2006. An amount of Rs. 4,000 was paid in cashby the complainant to the opposite party as first instalment of the fees, and an admission card No. 301 was issued. The respondent/complainant was informed by the appellant/opposite party that he was teaching only Chemistry and that he could approach other coaching classes for the other subjects and he would accordingly adjust the timings of the respondents/complainants batch. However, no receipt was issued nor terms and conditions of the coaching class were provided. The classes were to commence on 6.4.2006. The respondent/complainant then sought admission in another coaching centre i.e. "Aryan Study Circle" where he could get coaching in all three subjects. On 5.3.2006, the respondents/complainants approached the appellant/opposite party requesting to cancel the admission and refund the fees or to adjust his batch so that the respondent/complainant could attend the classes accordingly. The appellant/opposite party refused to oblige. The respondent/complainant then approached the District Forum for refund of the fees with interest and for compensation.

(3.) PER contra, the complaint was contested by the appellant/opposite party. In a nut shell, it is his case that the admission process to his coaching classes starts by August/September and continues till about November/December, the actual classes commence in April of the following year. Very limited number of students are enrolled and there is no scope for cancellation as the seat goes waste. The respondent/complainant approached him in March 2006 when the classes were about to begin and it was too late to entertain any request for cancellation for the above reason. Receipt of fees of Rs. 4,000 was denied. The terms in the admission form made it very clear that the fees were not refundable.