Consumer court rules nonrefundable advance course fees is unfair practice

After two years, the complainant withdrew his son from the course and requested a refund of the remaining course fee of Rs 3.45 lakh, plus 18 percent interest.

Ashutosh M ShuklaUpdated: Friday, October 28, 2022, 08:09 PM IST
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Mumbai: A district consumer commission has stated that taking advance fees for a four-year IIT-JEE course and having ‘no refund’ as the main condition for admission amounts to unfair trade practices.

In a complaint filed by Anushakti Nagar resident Kapil Gupta, the Additional Mumbai Suburban District Consumer Disputes Redressal Commission has directed FIITJEE Ltd to pay him Rs3.35 lakh with 6% interest from July 2018, Rs10,000 for mental harassment and Rs3,000 towards litigation cost. The order dated October 21was passed by commission president RG Wankhade and member SV Kalal.

Complainant removed his son from the institute after two years

The complainant had taken admission for his son in the four-year course offered by FIITJEE Ltd to prepare for entrance to IIT. At the time, Mr Gupta’s son was in Class 9.

However, two years into the course, Gupta didn’t find the teachers to be of good calibre and the progress of his son wasn’t up to the mark. Moreover, courses for classes 11 and 12 and IIT entrance were not integrated. He, therefore, withdrew his son from the course and sought refund of the remaining course fee, Rs3.45 lakh, with 18% interest.

The course provider said that the complainant had read the terms and conditions before enrolment, and that as per one condition no refund could be given for any reason.

FIITJEE Ltd said that no other student was admitted in the place of Mr Gupta’s son and the seat was vacant for two years. It argued that the teachers were recruited after an eligibility check. It went on to state that the course is famous across India with many branches. The firm also denied giving assurance that the course for classes 11 and 12 would be integrated.

No proof that many of its students made it to IIT

The commission said that FIITJEE Ltd hasn’t provided any proof that many of its students made it to IIT. The commission further observed that even if the complainant signed the form, terms and conditions in it are one-sided.

It added that in four years, one can feel that the course is difficult at any time. One could also want to quit, but such conditions force a person to continue. Calling the condition unfair trade practice, it gave relief to the complainant.

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