Educational institutes cannot unilaterally switch to online mode without consent and deny fee refunds for regular classes without providing evidence of the student's attendance or the parent's agreement to the alternative mode of instruction.

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

Date of Institution: 08.09.2022

Date of final hearing: 02.03.2026

Date of order: 02.03.2026

First Appeal No.450 of 2022

IN THE MATTER OF:-

1. Allen Career Institute, SCO 275, BEL Colony, Sector-14, Panchkula, Haryana-134113.

2. Manpreet Madam, Administrative Officer, Allen Career Institute, SCO 275, BEL Colony, Sector-14, Panchkula, Haryana-134113.

3. Sh. Narendra Burfa Ji, Administrative Officer, Allen Career Institute, SCO 275, BEL Colony, Sector-14, Panchkula, Haryana 134113.

...Appellants

Versus

Sheelak Ram, S/o Sh. Mani Ram, H. No. 853, Sector-4, Panchkula-134109.

…..Respondent

CORAM: SH. S.P. SOOD, JUDICIAL MEMBER.

SH. S.C. KAUSHIK, MEMBER

Present:- Mr. Tarunjit Singh Grewal, counsel for the appellants.

Mr. Sheelak Ram respondent in person.

ORDER

PER: S.P. SOOD, JUDICIAL MEMBER

:-

In present appeal No.450 of 2022; legality of order dated 27.07.2022 passed by learned District Consumer Disputes Redressal Commission, Panchkula (In short “District Commission”) in complaint case No.256 of 2020 has been assailed; vide which complainant’s complaint has been allowed.

Factual Matrix: complainant had deposited Rs.53,100/- in the Allen Institute on 20.12.2019 for the academic session 2020-21 for regular classes/coaching classes. Due to COVID-19, regular classes were not started from the fixed schedule i.e. from 01.04.2020. Complainant approached telephonically OP No.2 on 30.06.2020 for refund of fees of Rs.53,100/- but the institute has started the online classes without any consent of the parents. OP No.2 has further given the mobile number of OP No.3, but OP No.3 has also regretted to refund the fees. OPs No.2 & 3 utterly failed to fulfill their assurance to refund the fees. Complainant has intimated the institute’s officer from the previous date of conversation with OP No.2 i.e. 22.07.2020. Complainant had made so many requests to OPs through e-mail dated 07.07.2020, 10.07.2020, 13.07.2020, 17.07.2020 and 17.08.2020 but OPs has not given any solution regarding refund of amount.

Upon notice, OPs raised contest. In their defense, it is submitted that complainant’s daughter had taken admission in its institute and he has no authority letter or declaration or anything from her daughter to file the complaint. Complainant is not entitled for refund of fees as her daughter has studied online with OPs continuously from 13.04.2020 till 29.05.2020 and has utilized the services of the OPs. She did professional studies for more than one and half months from 13.04.2020 till 29.05.2020. OPs had paid the GST to the Government @ Rs.8,100/ on the fees received from the complainant at the time of admission on the whole amount of Rs.53,100/- which cannot be taken back by OPs from the Government department. The terms and conditions of the admission form which was duly signed by the complainant at the time of admission is taken, no fees would be refunded after the twice opportunities already granted to the complainant i.e. firstly by 04.04.2020 and lastly by 19.04.2020 under any circumstances. OPs understand the importance of studies, as well as, education and future of the students, so, OPs started the online classes without wasting any time on 05.04.2020 in best possible manner as they can do in the circumstances of Covid-19 just to safeguard the interest of the students. OPs teach the same professional studies online to the student like in a normal regular class so that the time of the student may not be wasted. The daughter of complainant withheld the seat of OPs by studying for more than one and half months continuously which caused the loss to the other students who have been willing to take admission in the institute of OPs. OPs have given one month time to every student for getting the refund of the fees in case they do not find the studies upto the mark and their expectation but the daughter of complainant never asked fo