SEHGAL SCHOOL OF COMPETITION Vs. DALBIR SINGH
LAWS(NCD)-2009-4-33
NCDRC
Decided on April 30,2009

Sehgal School Of Competition Appellant
VERSUS
DALBIR SINGH Respondents

JUDGEMENT

P.D.SHENOY,MEMBER - - (1.) THE respondent was the complainant before the District Forum. The facts of the case in brief are that the complainant took admission in the Sehgal School of Competition (for short the School') of the petitioner to get coaching for Medical Entrance Examination, which was for duration of two years. Though the fee for two years was deposited, the complainant discontinued the studies after a year on the ground that coaching was not up to the mark. Further the complainant stated that though he had taken admission for coaching in the medical entrance test, the institute faculty members were mostly teaching Engineering subjects and giving preference to Engineering students. With a view not to waste one more year, he withdrew from the institute and asked for refund of the balance fee, which was declined. Therefore, he filed a complaint before the District Forum.
(2.) THE District Forum directed the petitioner to refund part of the fees to the tune of Rs. 18,734 without any further compensation for mental agony, etc. The State Commission observed as follows: " We have already taken a view which has been upheld by the National Commission and the same view was also taken by the Supreme Court that no institute or coaching centere shall charge lump sum fees for the whole duration or should refund the fees if there is deficiency in service in the quality or coaching, etc. or for which period the student does not attend coaching as any clause saying that fees once paid shall not be refunded are unconscionable and unfair and therefore not enforceable."
(3.) ADOPTING this principle, the State Commission did not find any merit in the appeal and dismissed the same. Aggrieved by the order of the State Commission, the petitioner has filed this Revision Petition before us.;


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