FIIT JEE LTD Vs. PRAMOD PANWAR

JUDGEMENT

(1.) This revision petition has been filed by M/s FIIT JEE Ltd. (hereinafter referred to as the 'Petitioner') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Delhi(hereinafter referred to as the 'State Commission') in Appeal No.552/2007 decided in favour of Pramod Panwar, Respondent herein who was the original complainant before the District Forum.

(2.) The facts of the case according to the Respondent/Complainant are that he had got his son admitted for a two years' course at the Petitioner/institute and the total fee for this course was Rs.94,282/- against which Petitioner paid a sum of Rs.77,446/- to the Petitioner/Institute at one go. After attending the course for about 51/2 months, Respondent's son was not satisfied with the poor quality of teaching imparted at the Petitioner/Institute and Respondent therefore, withdrew his son on 29.10.2006. Respondent thereafter applied for refund of the balance fee amounting to Rs.55,000/- for the period during which Respondent's son did not avail services of the Petitioner/Institute which Petitioner/Institute refused to refund. Aggrieved by this, Respondent filed a complaint before the District Forum and requested that Petitioner be directed to pay him the balance fee of the course for the period from 12.05.2006 to 29.10.2006 along with interest @ 24% per annum, Rs.50,000/- towards mental and physical pain and Rs.11,000/- as litigation costs.

(3.) The above contentions were denied by the Petitioner/Institute who stated that the Petitioner is a well reputed Institute imparting quality education to students and whose admissions are based on admission test and who subsequently get admission in institutes of academic excellence like the IITs. The results have always been uniformly good and therefore, the allegation that the quality of teaching was poor is not correct. Further, at the time of the admission the Respondent and his son had agreed in writing to abide by the relevant rules in letter and spirit which inter alia stated that once a fee is paid, it is not refundable for whatever reasons nor can it be adjusted for another course at the Petitioner/Institute yet to be launched or otherwise. Therefore, the complaint is without any basis and deserves to be dismissed.