State Consumer Disputes Redressal Commission
D.K. Goel vs Rohit Tripathi on 4 May, 2006
IN THE STATE COMMISSION : DELHI IN THE STATE COMMISSION : DELHI (Constituted under Section 9 clause (b)of the Consumer Protection Act, 1986 ) Date of Decision: 04-05-2006 Appeal No. A-1657/2001 (Arising from the order dated 12-03-2001 passed by District Forum-I, Tis Hazari, Delhi in Complaint Case No. 66/97) Shri D.K. Goel Appellant Managing Director, Forum for IIT-JEE(FIITJEE Ltd), ICES House, Servapriya Vihar, New Delhi. Versus Shri Rohit Tripathi Respondent 9/1, Panna Lal Road, In person. Allahabad. CORAM : Justice J.D. Kapoor- President Ms. Rumnita Mittal - Member
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
JUSTICE J.D. KAPOOR, PRESIDENT (ORAL) Respondent deposited a total fee of Rs. 19,000/- for a two semester course towards coaching for entrance of Engineering examination. Respondent attended the course for only week and asked for refund of the amount. Appellant declined on the ground that the respondent had applied with wrong information about his health and mental condition in the admission form and it was due to his bad health that he discontinued his course.
2. Vide impugned order dated 12-03-2001 the District Forum has directed the appellant to refund the amount of Rs. 9,000/- with 15% interest.
3. Feeling aggrieved the appellant has preferred this appeal.
4. Even if we assume for the sake of argument that the respondent could not continue with the course due to his ill-health still the appellant was liable to refund the fees for the second semester as no service was provided for the same. No service provider has the right to forfeit the amount received by it if it has not provided the requisite service, may be for any reason whatsoever.
5. We do not find any merit in the appeal and dismiss the same. The payment shall be made within two months.
6. F.D.R./Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
7. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
8. Announced on the 4th May, 2006.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member jj