The District Consumer Disputes Redressal Commission, Delhi has directed a coaching institute that teaches postgraduate medical students to refund an amount to the tune of Rs. 1 Lakh that it had collected from a student for physical classes a month before the Covid Pandemic.
Brief Facts:
The Complainant, Snehpal Singh filed a complaint under the Consumer Protection Act, 2019 against the Delhi Academy of Medical Science, requesting a complete reimbursement of the sum of Rs.1,16,820, paid by him to the organisation for physical coaching sessions during a seven-month term.
The Complainant claims that he paid the whole sum thinking that the institute would solely offer physical education sessions. Before the COVID-19-induced lockdown was implemented, he could only stay for a month.
Before departing for his hometown from Delhi, he requested a refund as promised by the institute, but he was pushed to attend classes in the online format first before terminating the course. After trying the online classes, he allegedly received no answer when he asked to drop the course and refund for the fee.
Contention of the Respondent:
It was claimed that the complaint was erroneous and based on false information. It was submitted that the Company has a no-refund policy, and the fee was voluntarily paid by the Complainant after reading and understanding the conditions of that policy, which were printed on the fee receipt.
Additionally, it was claimed that the Complainant abruptly dropped out of the programme two months after enrolling and then wanted a refund as the Complainant was unable to finish the course due to unforeseen circumstances. Further, it was alleged that the case of the Complainant was not considered a fit case for a refund of the fee.
Contentions of the Complainant:
It was asserted that the whole amount was paid thinking the classes would be conducted physically, but the pandemic struck instead. Further, it was added that the quality of the education also was not satisfactory during the online classes.
Observations of the Commission:
It was observed that the “no refund policy” was never communicated to the Complainant vide email. Further, no evidence is brought on record to prove why the case of the Complainant was not considered a fit case for a refund.
The Bench examined the terms and conditions as relied upon by the Respondent and observed that as per the terms and conditions, there were certain standards based on which refund was not allowed, however, no such standards have been alleged by the Respondent in the present case. The Commission also pointed out that the student had not broken any rules that would exclude them from receiving a refund.
According to the Bench, the Covid epidemic was unprecedented, hence the Complainant could not have been forced to take online classes. The Commission observed that the complainant's pleading that online classes were getting disrupted due to technical glitches carried weight, as smooth internet services were affected due to the pandemic.
"It is undisputed facts between the parties that coaching to be imparted to the students admitted in the institute of the OP side was undoubtedly for the ‘physical classes’ and not through the online mode. The pleadings of the complainant in his defence carry the weight that the online classes were having disruption and not in continuity due to the technical glitches and net problem which was common at that time as smooth services were affected due to Covid-19," it said.
The decision of the Commission:
It was thus held that the institute was engaged in unfair trade practices and also provided deficient services.
Therefore, the Commission directed the institute to refund approximately Rs 1 lakh to the student and another Rs 5000 as compensation for mental harassment.
Case Title: Snehpal Singh vs Delhi Academy of Medical Sciences Pvt Ltd
Coram: Hon’ble Mr. Inderjeet Singh, Hon’ble Mrs. Shahina, Hon’ble Mr. Vyas Muni Rai
Complaint Case No: CC/101/2020
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