FIITJEE LTD. Vs. SAJJAN KUMAR GUPTA

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 20.08.2013, passed by the State Consumer Disputes Redressal Commission, U.T. Chandigarh (for short 'the State Commission') in First Appeal No. 261 of 2013, "Sajjan Kumar Gupta versus Manager/Centre Head, FIITJEE Ltd.", vide which, appeal against the order dated 24.5.2013, passed by the District Consumer Disputes Redressal Forum, UT Chandigarh, in consumer complaint No. 86 of 2013, dismissing the said complaint, was set aside.

(2.) Briefly stated, the facts are that the present respondent/complainant Sajjan Kumar Gupta filed the consumer complaint in question, stating that his son Nimish Goel took admission on 22.2.2011 in 4-year Classroom Programme (2011-12-2013) and (2013-14-2015) for FIITJEE Weekend Contact Classes, run by the Chandigarh Centre of the petitioner. An amount of Rs.26,500/- was paid in advance as fee for the session 2011-12-2013. In addition, post-dated cheques for an amount of Rs.52,831/- were paid as advance fee for the session 2013-14-2015, which were realized on the due date. The complainant has therefore, paid a total sum of Rs.79,331/- to the petitioner. It is stated in the complaint that the complainant came to know about the unethical business practices of the petitioner/opposite party during the session 2011-12-2013, as it advertised fascinating cash Awards/Medals through FIITJEE Talent Reward Examination (FTRE) under fictitious terms and conditions, which could not be fulfilled by anyone to claim such awards. It is mentioned in the complaint as follows:

(3.) The complainant stated that when the said awards were not given to his son, he felt demoralized and did not want to continue his studies with FIITJEE and hence, they demanded refund of the money paid for the session 2013-14-2015, well before the commencement of the next session. The said demand was made through e-mail dated 27.11.2012; whereas the next session was to start in April, 2013. However, the petitioner refused to refund the said fees, following which, the consumer complaint in question was filed, demanding refund of the amount of Rs.52,831/- along with compensation of Rs.25,000/- for mental agony and Rs.5,000/- as cost of litigation.