The consumer forum referred to the decision of the National Consumer Disputes Redressal Commission (NCDRC) in the case of Flit Jee Ltd, & Others v/s Dr. (Mrs.) Minathi Rath & Others and said that it is crucial to safeguard students and parents from unscrupulous coaching institutes in the education sector by preventing unfair retention of fees for those dissatisfied with services.
“The precedent set in the case of Flit Jee Ltd. v/s Dr. (Mrs.) Minathi Rath & Others by the NCDRC establishes that coaching institutions providing educational services for consideration fall under the purview of the Consumer Protection Act. It was ruled that fees once paid could be refunded after deducting non-refundable service charges for the unattended portion of the course,” the order said.
In this case, the consumer forum ruled that there was clear deficiency of service on the part of the opposite parties for failing to provide timely classes.
“We found that the issues are in favour of the complainant due to the serious deficiency in service and unfair trade practices on the part of the opposite parties. Naturally, the complainant has suffered a great deal of inconvenience, mental anguish, hardships, and financial loss, etc., as a result of the negligence on the part of the opposite parties. In view of the above facts and circumstances of the case, we are of the opinion that the opposite parties are liable to compensate the complainant,” the forum ruled.
Hence, it directed the Institute to refund ₹2.79 lakh paid as fees to the institute. It also directed the institute to pay ₹50,000 to the complainant as compensation for the mental agony, inconvenience, physical hardships, and deficiency in service and ₹10,000 as costs.
Source: Barandbench
