BRILLIANT TUTORIALS PVT LTD Vs. ASHWANI VERMA

JUDGEMENT

(1.) Heard Counsel for the petitioner, who has placed before us some judgments of this Commission as also two judgments of Delhi High Court. He submits that the respondent- complainant had agreed to the terms and had taken admission according to the said terms. The fees paid were non-refundable and the respondent is bound by the terms of the contract.

(2.) On the other hand, the respondent, who appeared in person, relied upon judgment of the Apex Court in Islamic Academy of Education and Another, v. State of Karnataka and Others, 2003 6 SCC 697. According to the learned Counsel for the petitioner, this ruling is not applicable since the petitioner is not an educational institution.

(3.) Admittedly, the son of the Respondent/ Complainant had taken admission in the Petitioner's Institute. The petitioner had collected a sum of Rs. 80,337 from the son of the complainant as fees for two academic years. However, the son of the complainant left after about 9 months and sought refund of half of the amount paid by him.