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Student Securing Admission In University After Paying Fee For NEET Coaching Is Entitled To Refund, Bengaluru District Commission Holds Allen Career Institute Liable
Smita Singh
20 Nov 2023 10:15 PM IST
The Urban-II Additional District Consumer Disputes Redressal Commission, Bengaluru (Karnataka) bench comprising Sri Vijaykumar M. Pawale (President), Sri B. Devaraju (Member) and Smt. V. Anuradha (Member) ordered Allen Carrer Institute to refund the balance fee to a student who secured admission in a foreign university after paying the full coaching fee. The bench acknowledged the T&C...
The Urban-II Additional District Consumer Disputes Redressal Commission, Bengaluru (Karnataka) bench comprising Sri Vijaykumar M. Pawale (President), Sri B. Devaraju (Member) and Smt. V. Anuradha (Member) ordered Allen Carrer Institute to refund the balance fee to a student who secured admission in a foreign university after paying the full coaching fee. The bench acknowledged the T&C of the refund policy however, they deemed the student’s case as a ‘special circumstance’ and granted refund.
Brief Facts:
Smt. Sarita Chaudhary (“Complainant”) had enrolled her daughter for NEET coaching at Allen Career Institute (“Allen”) and paid the entire coaching fee of Rs. 1,30,000/- for the year. Her daughter attended classes until October 4, 2022, following which she received admission to a university in Russia. In light of this development, the Complainant requested a refund of the remaining coaching fee. However, Allen failed to refund the balance fee. Feeling aggrieved, the Complainant filed a consumer complaint in the Additional District Consumer Disputes Redressal Commission-II, Bengaluru, Karnataka (“District Commission”).
Allen asserted that the Complainant had been duly informed of the refund policy, including specific refund dates and the corresponding deductions. It argued that it had provided study materials to the Complainant's daughter and that the Complainant was attempting to exploit this by seeking a refund after the refund dates specified in their T&C had passed. It maintained that there was no deficiency on its part and urged the dismissal of the complaint.
Observations by the Commission:
The District Commission noted that the case presented a unique situation of the sudden and unforeseeable nature of the complainant’s daughter admission to a university in Russia. While acknowledging the T&C set by Allen, which specified refund dates and deductions, the District Commission held the Complainant's case as a special scenario. Therefore, the bench held that the Complainant had a valid claim for a refund based on the particular circumstances surrounding her daughter's admission abroad. It held that the terms and conditions of Allen Career Institute should not stand as a barrier to achieving a just and fair resolution of the consumer disputes.
Consequently, the District Commission ordered Allen to refund Rs. 70,000/- to the Complainant. The District Commission also directed an additional compensation of Rs. 3,000/- to the Complainant.
Case Title: Sarita Chaudhary vs Allen Career Institute
Case No.: CC/16/2023
Advocate for the Complainant: None (Complainant in-person)
Advocate for the Respondent: Mrs Sarita Chaudhary
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