FIITJEE LTD vs SAJJAN KUMAR GUPTA

This review application No. 145/2014 has been filed by the respondent/complainant Sajjan Kumar Gupta in the case RP No. 4476/2013, seeking review of the order made by this Commission on 21.05.2014, vide which, the consumer complaint filed by the review petitioner was ordered to be dismissed. The entire facts of the case have already been narrated in the order under review dated 21.05.2014 and are not being reproduced here. This order may, therefore, be read in continuation of earlier order dated 21.05.2014 passed by this Commission.

It has been stated in the review application that the OP, M/s FIIT JEE Ltd. had sent a letter of offer dated 27.01.2011 to them in which it was stated that the entire course was divided into 2 courses of 2 year duration each and there was an ''exit'' option after two years of joining the said course, i.e., after completing class X. There were three fee payment plans, i.e., plan - 1, plan - 2 and plan - 3, attached with the said letter. The refund was payable in respect of the first two plans, but there was no justification for not allowing refund for students, who opted for plan-3. The review petitioner has further stated that in the ''enrolment form'', they had left the ''plan'' column as blank, but the payment was made as per plan-3 ignorantly. The review petitioner has further stated that his son was eligible for cash awards of 1,20,000/- and 1,00,000/- on the basis of the results of FTRE Examination 2011 and 2012.

A copy of the review application was sent to the OP, which has filed their reply to the same and also sent their written submissions. It has been stated therein that the entire course was for 4-year duration and it was not divided into two courses each of 2-year duration. Further, the ''exit'' option was offered only to the students who opted for medical or humanities stream. Such

students opted for payment under plan-1 or plan-2. There was no ''exit'' option for students who opted for payment under plan-3. Regarding the awards to be given to the students, the OP stated that such rewards are given at the time of joining only.

On examining, the entire record of the case and in particular, the review application and reply to the same, it is made out that in letter dated 27.01.2011 from the OP, it has been stated as follows:- "This program offers a student focused approach of Four Years from class IX to XII for IIT-JEE & other competitive Entrance Exams. However, in case a student decides to opt for Medical or Humanities stream, he / she will have an exit option after class X preparation. Such students should opt for Free Payment Plan - I or Plan - II only, at the time of joining. This fee plan will also be available (in addition to other fee plans) for students opting for Four-Year Classroom Program."

A plain reading of the above lines which are a part of offer letter dated 27.01.2011 sent to the students shows that admission is allowed to the students in the 4-year programme run by M/s. FIIT JEE Ltd. which they join at the beginning of class IX of their regular curriculum. At the end of class X, if a student decides to pursue his career in medical stream or humanities stream, he has been given the ''exit'' option which sounds logical, because the OP coaching institute is concerned with providing coaching for entry into the engineering courses only. It has been made clear that such students who deposit fees under plan-1 and plan-2 are given the ''exit'' option. In the present case, admittedly, the fee has been deposited under plan-3 for which no ''exit'' option was available. The contention of the review petitioner, therefore, that ''exit'' option was available to his son is, therefore, not substantiated from record.

The other issues involved in the case including the issue concerning awards etc. have already been discussed in the detailed order dated 21.05.2014. It has also been made clear that the total tuition fee for the course was 82,000/- from which 90% rebate amounting to 73,800/- was given to the student as scholarship on the basis of FTRE Examination.

In the light of the discussion above, there is no merit in this review petition and the same is ordered to be dismissed.