Mbit Computeraining Pvt Ltd vs Kharibam Santi Kumar Singh

1.ADMITTEDLY a sum of Rs. 45,000 was deposited by the respondent with the appellant towards the admission of his younger brother in the computer course run by the appellant. There is also no dispute that the candidate fell ill after a month or so and was not able to pursue the course and due to mental imbalance ran away. When a notice was sent to the appellant to refund the fees charged towards the course, the appellant declined to refund the same on the plea that as per contract the fees once deposited was not refundable.

WE have perused the terms contained in the brochure produced by the respondent. According to these terms the tuition fees can be paid in instalments whereas in the instant case the entire fees was paid in lump sum and in one go. As per term of the contract the appellant was at the most entitled to retain Rs. 5,000 as admission fees which was non -refundable but in no way was entitled to retain the entire amount received by it towards tuition fees without having rendered any service. The very fact that the respondent did not pursue the course due to his having suffered a mental illness and ran away from home shows that the appellant did not impart any tuition or training or service.

ANOTHER circumstance that renders the appellant liable to refund the amount towards tution fees is the term of the contract that the tuition fee could also have been paid in instalments whereas in the instant case it was given in one go. The purpose and object of receiving the tuition fees in instalments is to the advantage of candidates because if a person placed in the similar situation as the respondent was not in a position to continue the course, the provider of service would only be entitled to retain the instalment in respect of the duration of the course.

THE appellant was rightly held guilty for deficiency in service in not returning the tuition fees of Rs. 35,000 against the total payment of Rs. 45,000 made by the respondent and was rightly held liable to refund the same along with interest as it amounted to deficiency in service as defined under Section 2(1)(g) of Consumer Protection Act, 1986 which means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract otherwise in relation to any service. Forgoing reasons persuade us to dismiss the appeal being devoid of merit. Fdr, if any deposited by the appellant be returned forthwith after completing necessary formalities.

A copy of this order as per statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to Record Room. Appeal dismissed. -