NEET crash course reduced to ‘4-5 recorded videos’, Allen Career ordered to pay student Rs 43,000

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.

A bench of 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.

‘No evidence of online classes’

The commission found that Allen Career Institute failed to produce convincing evidence showing that the promised online NEET coaching programme was actually delivered.

It noted that no schedule of classes, faculty-wise attendance records, screenshots of live sessions, recordings of classes or any material demonstrating comprehensive online coaching equivalent to the promised crash course was placed on record.

The commission found that the Allen Career Institute failed to prove that it had delivered the online NEET coaching programme for which the student had enrolled during the Covid-19 pandemic.

The failure of the institute to refund the fee of Rs 33,000 to the complainant, despite requests by the man, certainly amounts to deficiency in service and unfair trade practice on their part.

The commission stated that a mere plea of the institute that the complainant’s daughter attended online classes till June 10, 2020 does not, by itself, establish that the entire promised course was duly delivered.

The consumer body noted that owing to the outbreak of the Covid-19 pandemic, physical classes could not commence as scheduled by the institute.

The burden to establish due and proper rendition of such services lies upon the service provider.

The consumer body directed the institute to refund Rs 33,000 to the complainant and also pay Rs 10,000 to the complainant as compensation for the harassment caused as well as litigation expenses within 60 days.

‘Only 4-5 recorded videos uploaded’

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.

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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.

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‘Would not have waited till October 2020’

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.