Refusal to refund fee costs coaching centre dear

Tribune News Service

Chandigarh, November 6

A private coaching centre has been told to pay over Rs 1.13 lakh to a Mohali resident by the consumer forum for refusing to refund fee. The complainant’s daughter had quit going to the coaching centres after a few days as she did not find the faculty ‘up to her expectations’.

As per the complaint of Mohali resident Anil Kumar Sharma, he got his daughter Deepanxi Sharma admitted to Allen Career Institute, Sector 34, for the Pre-Medical Enthusiast course of one year by paying Rs 1.20 lakh on April 10, 2018. She attended the classes from April 11 to May 30 i.e. for 50 days, including holidays.

Sharma requested the institute to refund the fee after deducting the non-refundable service tax for the unattended session of the course, but to no success. A legal notice was also served on the institute but in vain. The Mohali resident thus approached the forum.

The institute did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. The forum observed that non-appearance of the opposite party showed that it had nothing to say in its defence against the allegations made by the complainant.

The forum was of the opinion that once the complainant did attend the session for a few days only, it was incumbent upon the opposite party to refund the fee after deducting reasonable charges and non-refundable service tax. “It is settled proposition of law that no fee (including advance fee) can be illegally held by the opposite party for the period for which no coaching/service is being availed by the complainant”, the order read.

The forum added that the opposite party had certainly indulged into an unfair trade practice as it ought to have refunded the fee after deducting reasonable charges and non-refundable service tax, which it failed to do and propelled this unwarranted, uncalled for litigation upon the complainant.

The institute was thus told to refund Rs 88,203 and pay Rs 15,000 as compensation to the complainant for the unfair trade practice and harassment caused to her. In addition to it, the institute was also asked to pay Rs 5,000 as litigation cost.