Sham Sunder, J. (President) - (1.) THIS appeal is directed against the majority order dated 10.12.2014, rendered by the District Consumer Disputes Redressal Forum -II, UT, Chandigarh (hereinafter to be called as the District Forum only) vide which, it dismissed the complaint, filed by the complainant (now appellant). However, one member of the District Forum, recorded dissenting order dated 16.12.2014.
(2.) THE facts, in brief, are that on the assurance given by the representative of the opposite parties, the complainant got enrolled his son namely Jyot Anmol Singh, in the Opposite Parties Institute in Pinnacle -Two Year Integrated School Program for IIT -JEE, on 30.12.2012. The complainant, paid an amount of Rs. 2,19,750, in total, against the settled fee of Rs. 2,69,628. Besides this, the opposite parties retained 6 signed cheques, issued by the complainant. It was settled between the complainant and the representative of the opposite parties that the venue of the Coaching Centre would be SCO No. 322, 1st and 2nd Floor, Sector 35 -B, Chandigarh. However, the venue of the Coaching Centre was changed to Mount Carmel School, unilaterally. It was stated that while taking coaching, the son of the complainant experienced that the method of teaching was not upto the mark, as there was a communication gap between the faculty members and the students. Not only this, the son of the complainant, also noticed that the teachers were not responding properly to the questions raised by the students. The matter was reported to the authorities of the Institute, time and again, but except bald assertions, nothing was done. It was further stated that, on the directions of the Management of the opposite parties Institute, the son of the complainant, stopped attending the coaching classes and requested for the refund of fee along with signed cheques aforesaid, but they put off the matter on one pretext or the other. Ultimately, the complainant got served a legal notice dated 11.6.2014, upon the opposite parties, for refund of the fees, deposited towards the said Course, but to no effect. It was further stated that the aforesaid acts of the opposite parties, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), was filed, directing the opposite parties, to refund the amount of Rs. 2,19,750, along with interest @ 18% p.a., from the date of admission; pay compensation, to the tune of Rs. 1 lac, for mental agony and physical harassment; and cost of litigation, to the tune of Rs. 33,000. The opposite parties, in their joint written version pleaded that neither the son of the complainant fell within the definition of a consumer, nor the opposite parties fell within the definition of Service Providers. It was, however, stated that the complainant after understanding the terms and conditions of the Institute of the opposite parties admitted/enrolled his son Master Jyot Anmol Singh in Pinnacle -Two Year Integrated School Program for IIT -JEE, on 30.12.2012, which was to commence on 18.4.2013. It was further stated that the total Course fees for two years, including service tax, cost of books and study material was Rs. 3,85,588. It was further stated that in view of the FTRE ranks obtained by the son of the complainant, he was offered 40% scholarship on tuition fee i.e. Rs. 1,02,960, 100% on examination fee and (AITS+GMP+RTPF) fee i.e. Rs. 9,000, respectively and as such, the complainant had to pay Rs. 2,69,628. It was further stated that as per the undertaking/declaration given and signed by the complainant, and as per the terms of agreement, fees once paid, was not refundable. It was further stated that neither there was any deficiency, in rendering service, on the part of the opposite parties, nor they indulged into unfair trade practice. The remaining averments, were denied, being wrong.
(3.) THE parties led evidence, in support of their case.;