VAISHALIJHA Vs. AKANKSHA PROFESSIONAL CLASSES

JUDGEMENT

(1.) THIS appeal is directed against the order dated 22.11.2010 of District Consumer Disputes Redressal Forum, Raipur (C.G.) (hereinafter called "District Forum" for short) in Complaint Case No. 246/2009, whereby the complaint of the appellant herein, has been dismissed, which was filed for seeking compensation, on account of not providing coaching, as per guarantee provided by the respondent/Coaching Institution.

(2.) IT is not in dispute that respondent is running a coaching institution, in which the appellant herein, took admission in the month of July, 2008. As per terms agreed between the parties, fees of Rs. 14,000 was paid by the complainant for coaching, on the condition that out of that fees, Rs. 8,000 would be refundable in case the student, does not get 80% marks in the 10th Board Examination.

(3.) THE case of the complainant before the District Forum, was that on the assurance of respondent/Coaching Institute, she took admission in the Coaching Institute and paid fees of Rs. 14,000, but after taking admission there, it was observed that teachers of proper skill and caliber, were not appointed by the Coaching Institution and for most of the time, teachers were absent. It was also seen by mother of the complainant. Ultimately after five months from taking admission, she was required to discontinue taking coaching from the respondent Institution. She demanded refund of the fees paid by her to the respondent/ Coaching Institution, but respondent paid only a sum of Rs. 5,000 and deducted remaining amount, on the pretext that the student failed to remain attentive in the coaching session and it was on account of her own fault that she was required to be shifted to regular course, under which there was no guarantee and on account of this, a sum of Rs. 3,000, was deducted from the guaranteed amount of Rs. 8,000 and sum of Rs. 5,000 was refunded to her.