‘Failed’ to provide regular faculty, UPSC coaching institute told to refund Rs 55,000

A district consumer commission in Punjab recently directed a UPSC coaching institute to refund Rs 55,000 to a student after finding that it failed to provide the regular and permanent faculty it had promised and subsequently failed to honour the refund.

President S K Aggarwal and member Paramjeet Kaur observed that repeated changes in faculty, lack of regular teaching and failure to provide the promised educational services adversely affect the preparation of an aspirant.

“The Commission observes that the time of an aspirant preparing for a competitive examination like UPSC is extremely valuable. Such preparation requires continuity, regularity and proper guidance from qualified faculty,” the order dated October 5 read.

The commission also directed the opposite parties to jointly and severally pay Rs 15,000 as compensation for mental agony and harassment as well as litigation expenses.

Relief to complainant

According to the complainant, she had enrolled with the coaching institute for a UPSC coaching course at their Chandigarh branch, paying Rs 55,000. She alleged that the institute failed to provide regular and permanent faculty and that the classes were repeatedly merged with other batches comprising postgraduate and experienced students, while teachers were frequently changed.

It was stated that the institute initially agreed to refund Rs 40,000 after deducting Rs 15,000 as service charges. However, in a subsequent communication, it proposed deductions totalling Rs 45,000 towards registration or portal access, study material and offline charges, leaving only Rs 10,000 refundable.

Feeling aggrieved, the complainant moved consumer commission seeking refund and compensation. One of the opposite parties did not appear before the commission and was proceeded against ex parte. The other appeared but failed to file its written version within the prescribed 45-day period, following which its right to file the written version was struck off.

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The commission observed that the complainant’s evidence remained unrebutted. It noted that the assurance given by the institute regarding experienced and qualified permanent faculty was material to the complainant while opting for the course.

After examining the prospectus, invoices, refund request, emails and WhatsApp communications of the student, the commission found that the opposite parties failed to provide the coaching services in the manner represented and assured to the complainant.

“The failure to provide regular and consistent teaching faculty, despite repeated requests for improvement, coupled with the subsequent failure to honour the refund in a reasonable manner, amounts to deficiency in service and unfair trade practice,” it held.

The commission thus partly allowed the complaint and directed the opposite parties to refund Rs 55,000. It further awarded Rs 15,000 as lump-sum compensation for mental agony and harassment as well as litigation expenses.

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Takeaway

Coaching institutes can be held liable for deficiency in service when the educational services they provide materially fall short of representations made to students, particularly where promised faculty, continuity and regularity are not provided.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Punjab: 0800–22577) and Union territories or call the National Consumer Helpline at 1915 for assistance.

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