LI Network
Published on: January 18, 2024 at 12:30 IST
The District Consumer Disputes Redressal Commission in Cuttack, Odisha, has held UPSC Pathshala responsible for failing to refund the appropriate course fee as per its terms and conditions.
The Commission, comprising Sri Debasish Nayak (President) and Sri Sibananda Mohanty (Member), directed UPSC Pathshala to refund Rs. 35,324/- out of the total Rs. 40,000/- paid by the complainant. Additionally, the institute has been ordered to pay Rs. 50,000/- for mental agony and harassment, along with Rs. 10,000/- for the cost of litigation.
Brief Overview:
Mr. Ashirbad Tripathy, the complainant, enrolled in an online learning course for UPSC examination preparation with UPSC Pathshala, paying Rs. 40,000/- for a three-year duration. However, he encountered several issues, including website downtime, navigation difficulties, and outdated teaching methodologies.
Despite multiple complaints, the problems persisted, leading the complainant to request a refund of the remaining course fee, deducting Rs. 4,676/- for services used during the 128 days of classes. While the institute initially acknowledged the refund request, it later informed the complainant that the request could not be processed.
Observations by the Commission:
The District Commission examined the terms and conditions filed by the complainant, specifically clause 6, which obligated the institute to refund full or partial course fees if students faced problems in joining online classes.
The commission noted a violation of this condition, emphasizing that the institute took 52 days to process the complainant’s refund request instead of the stipulated 30 days.
Referring to the Supreme Court case of M/s. Fitjee Ltd. Vs. Jaipreet Singh Kaushal [R.P. No.198/2015], the District Commission highlighted that educational institutions fall under the definition of “service” as per the Consumer Protection Act, 2019. Consequently, the institute was held liable for deficiency in service by failing to refund the course fees appropriately.
The Commission directed UPSC Pathshala to refund the remaining course fees of Rs. 35,324/- to the complainant with 8% interest from the date of the refund application. Additionally, the institute was ordered to pay Rs. 50,000/- for mental agony and harassment, along with Rs. 10,000/- for the cost of litigation.
