Observing that merely uploading a few recorded lectures cannot be treated as fulfilling the obligation of conducting a structured NEET crash course, particularly when students were preparing for a highly competitive examination, a Chandigarh consumer commission has directed Allen Career Institute to refund Rs 33,000 and pay Rs 10,000 compensation and litigation costs to a complainant.

President Amrinder Singh Sidhu and member Brij Mohan Sharma held that a non-refundable fee clause cannot absolve a coaching institute of liability when the promised services have not been substantially delivered, while allowing a complaint filed by a student’s father.

“Mere uploading of a few recorded lectures does not tantamount to fulfilment of the obligation undertaken by the OPs for conducting a structured crash course, particularly when students were preparing for a competitive examination such as NEET,” the June 3 order read.

The commission was hearing a complaint filed by Achint Chaudhary, whose daughter enrolled in a one-month NEET crash course in 2020 but allegedly received only a handful of recorded videos instead of comprehensive online coaching after physical classes were disrupted due to the Covid-19 pandemic.

It was placed on record that the complainant, by an application dated February 25, 2020, got his daughter Vanshika Chaudhary enrolled with the institute for a one-month crash course for the National Eligibility-cum-Entrance Test (NEET) scheduled to start from April 4, 2020, and paid the total course fee of Rs 33,000 on February 27, 2020.

It was claimed that due to the Covid-19 pandemic, physical classes could not commence from April 2020, and when the complainant contacted the institute, he was told that they are planning to conduct the classes at a later stage, subject to permission from civic authorities as well as the availability of time as NEET had been rescheduled to July 27, 2020.

It was further added that the institute, in the meantime, had started the online classes so that the students would not be at a loss. However, to the surprise of the complainant, only four to five recorded videos were posted and no online classes were held.

It was added that in the beginning, the complainant’s daughter watched some videos, but the same were not useful as she could not contact the teachers to clarify her doubts.

It was claimed that despite the date of NEET approaching, no online classes were organised by the institute, leaving the students to study on their own despite the fact that a huge amount was paid for online classes.

In such circumstances, the complainant sent a few emails to the institute seeking a refund from the institute. It was further placed on record that the complainant also sent a legal notice in December 2020, which was replied to by the institute in April 2021 but his grievance was not redressed.

Alleging that these acts amount to deficiency in service and unfair trade practice on the part of Allen Career Institute, the complainant filed a consumer complaint seeking refund of the amount paid along with interest, compensation and litigation expenses.

Representing Allen Career, advocate Tarunjit Singh Grewal submitted that the complainant’s daughter enrolled with their institute and paid the said fee.

It was contended that the institute commenced online classes on April 4, 2020, in the best possible manner during the Covid-19 pandemic and that attendance records showed the student attended classes from April 4 to June 10, 2020.

The institute further argued that had the student genuinely been dissatisfied with the course, the complainant would not have waited until October 2020 to seek a refund, particularly when the crash course fee was stated to be non-refundable.

The complainant was represented by advocate Shashank Shekhar.