FIITJEE HYDERABAD CLASSES LTD Vs. ROHIT BINJRAJKA

JUDGEMENT

(1.) The appellants are the unsuccessful opposite partoes in CD. 977/2006 before the District Forum III, Hyderabad where under they were directed to refund Rs.72,000/- to the complainant. Aggrieved by the impugned order this appeal is filed questioning the legality and propriety of the order.

(2.) Briefly stated the facts of the case are that OP has been running an educational institution to admit the students in the two years integrated course started by the institution. The complainant has attracted to the publicity had joined his son in two years integrated course in July, 2004 with a fond hope that by the coaching his son is secured good rank in FIIT JEE and in IIT course. At the time of admission OP 1 had collected lump sum amount of Rs.1,04,000/- towards for two years integrated course. At the time of admission, the OPs have assured quality of education through expert faculty members. Though the complainant had secured 75% marks in Xth class with CBSE syllabus but due to defective and non-performing teaching standards his son became weak in his studies. The complainant had no other alternative except to withdraw his son from OP 1 institute within a period of three months and he was admitted in another institution where his performance was proved to be good. The complaint sent a letter dt.24.12.2004 to OP for refund of the fee paid by him for which a reply dt.5.1.2005 was sent refusing to refund the amount. A legal notice dt.12.01.2006 was issued requesting them to deduct Rs.13,000/- and return the remaining amount with interest. Even then the OPs did not return the amount. hence the complaint.

(3.) The OPs 1 to 3 filed their version and stated that the complainants son had appeared for admission test conducted by OP on 18.07.2004 and on qualifying he was admitted into previous integrated coaching programme. This institution had appointed the faculty members of high standard to give proper coaching. The OP cannot fill up any vacancy created against any student who leaves in the middle of the course . The complainant is not maintainable in view of the arbitration clause. The complainant had signed the terms and conditions as such he has to abide to the conditions therefore he is not entitled to seek for refund of the amount.