LAWS(NCD)-2014-12-83

MAYANK TIWARI Vs. FIITJEE LTD.

Decided On December 08, 2014
Mayank Tiwari Appellant
V/S
FIITJEE LTD. Respondents

JUDGEMENT

(1.) THIS revision is directed against the order of the UT Chandigarh State Consumer Disputes Redressal Commission, Chandigarh (in short, "the State Commission") dated 23.9.2014 whereby the State Commission allowed the appeal preferred by the respondent/opposite party resulting in dismissal of the complaint.

(2.) BRIEFLY stated, facts relevant for the disposal of the revision petition are that the petitioner/complainant took admission in the coaching course for IIT -JEE competitive examination run by the respondent/opposite party. He started attending coaching classes w.e.f. 18th April, 2013 but he stopped attending the classes from 8.6.2013 because he did not find the teaching standard upto the mark. According to the complainant he initially paid a fee of Rs. 1,00,918/ - besides that father of the complainant had deposited 12 cheques with the opposite party out of which three cheques totaling to Rs. 45,319/ - were encashed by the opposite party without the consent of the petitioner. Subsequently, another amount of Rs. 30,000/ - was deposited by the complainant vide bill dated 23.3.2013 for the purpose of admission in Mount Carmel School, Sector 43 -B, Chandigarh. According to the complainant opposite party was requested to refund the fee as also the remaining unrealized cheques but in vain. Claiming this to be deficiency in service on the part of the opposite party, the petitioner filed a consumer complaint.

(3.) THE District Forum -II, UT Chandigarh on consideration of the pleadings and the evidence allowed the complaint and directed the respondent/complainant as under: - -