Consumer forum tells coaching institute to refund Rs 1.66 lakh to student

The complainant and her mother submitted that Lavanya did not find the atmosphere and standard of studies as claimed by the institute. Thus they decided to withdraw from the said institute on February 4, 2019, and a refund of the fee was sought. On the refusal to refund the fee, the complaints approached the District Consumer Commission.

The FIITJEE institute in reply submitted that the complainant and her parents had given their consent and signed the declaration/undertaking and submitted for enrolment in Three-Year Classroom Programme for IIT JEE Weekend Contact Classes. It was stated that the institute does not fill the vacancy created by the student who leaves the course in the middle of the year. The seat vacated by the complainant remained vacant throughout the course duration to maintain the quality and uniformity. Therefore, the institute is entitled for the fee of the course programme and the complainant is not entitled to refund any fee.

On hearing the matter, the commission held that “the OP (FIITJEE) is not an accredited academic institution affiliated with any board or university and is merely a coaching centre for providing coaching to the students who aspire for admission to engineering colleges. The OP undoubtly is in dominating position and as such maneuvered to get the signature of parents of students on pre-settled printed enrollment undertaking. The parents under duress sign such undertaking with an anxiety to get his pupil admitted for best coaching to enable him/her for better performance in the competitions for admission to high ranked engineering/technical institutions/universities. This is nothing but an emotional exploitation and cannot be acquiesced.”

“If any child, after joining the coaching institute, failed to cope with the coaching schedule or withdraw himself from the course, for the reasons whatsoever, he cannot be penalised by way of forfeiture of his entire money, which has been deposited by his parents with such coaching centre. The coaching centres are entitled legally to charge fee only for the services, which they actually provide to the student and not more than that…The complainants have paid a huge amount believing that highly qualified and competent teachers will be engaged by OP to provide coaching to the students to make them able and competent to crack the target examination but OP did not place on file any record that they have engaged such qualified and competent teachers to teach the students to attain the required level of knowledge and education to crack the examination,” observed the commission.

“A man of prudence who has deposited the huge amount for the studies and teaching of his child will not withdraw his ward/child unless teaching is not up to the mark. It is only in the situation where adequate teaching and training is not provided but a sheer wastage of time and energy compels the parents/guardian to withdraw their children from such institute which has made the sale of education a business and does not stick to moral & ethics attached with education system. Thus, not providing competent and able teachers and healthy atmosphere to students to learn forces the students to leave the course in between. Thus, collecting money on the basis of showing dreams to the parents and students of providing them adequate level of education but practically not providing the same amounts not only to deficiency in service but also unfair trade practice adopted by OP,” observed the commission, while directing the institute to refund the fee of Rs 1,66,842 to the complainants after deduction of Rs 1,000 of registration charge.