FIITJEE LIMITED Vs. ISHAAN PUNJ

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/OP against the order dated 04/04/2008 passed by the State Consumer Disputes Redressal Commission, U.T., Chandigarh (in short, 'the State Commission') in Appeal No. 190/08 M/s. FIITJEE Ltd. Vs. Ishaan Punj by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/Respondent joined OP/Petitioner Institute in February, 2006 for a period of 2 years classroom programme for IIT Joint Entrance Examination and paid Rs.76,589/- as fees. After attending classes upto January, 2007, complainant found that the education imparted at OP Institute was not fruitful so vide letters dated 8.2.2007 and 19.2.2007 complainant intimated to OP that he does not want to continue with the course and requested for refund of the balance fee of the second year. As refund was not made, complainant alleging deficiency on the part of OP filed complaint before District Forum. OP resisted complaint and submitted that out of 76,589/- deposited by complainant, Rs.69.500/- was towards course fee and Rs.6950/- was towards service tax and Rs.139/- was towards education cess. It was further denied that coaching was not of desired purpose and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to refund Rs.38,294.50 with cost of Rs.1100/- and Rs.2100/- as compensation and further awarded 12% p.a. interest from 9.2.2006 till payment if the payment is not made within a period of 30 days. Appeal filed by the petitioner was dismissed by learned State Commission against which this revision petition has been filed.

(3.) None appeared for the respondent even after service.