J C CHAUDHRY Vs. HARJINDER SINGH

JUDGEMENT

(1.) This revision petition challenges the order passed by the State Consumer Disputes Redressal Commission, Delhi substantially confirming the order of the District Forum, Delhi in Appeal No.07/1986 against the order of the District Consumer Disputes Redressal Forum in case No.56/2006.

(2.) The facts, in very brief, are that the grand-daughter of the original complainant had enrolled for a two year integrated coaching course with M/s. Akash Institute. At the end of about three months, she opted out of the course. The Institute refused to refund the balance of the fee on the ground that under the terms and conditions of the admission (Annexure-P1) no such refund was permissible. The District Forum, while addressing the question of refund, categorically rejected the justification for collecting the entire fee in advance for this two year course, as an unfair trade practice. In the present case the candidate, Sukhna Sahni had attended for just about three out of total twenty four months. While these proceedings were still before the District Forum, the Institute refunded Rs.44656/- retaining the amount of service tax payable to the Government as well as 15% on account of administrative charge levied by the Institution.

(3.) Taking note of this development the District Forum held that retention of administrative charge was not justifiable. It therefore, directed the institute to refund another Rs.9000/- together with a compensation of Rs.5,000/- and Rs.3000/- towards the cost of litigation.