FIITJEE LTD.
KALU SARAI SARVPRIYA VIHAR,
THROUGH IT’S A.R,
SH.ASHISH KR.AGGARWAL,
NEW DELHI – 110016                                        …........Petitioner(s)
                                                        Versus    
NITESH AGGARWAL
S/O SH.RAJENDRA AGGARWAL,
R/O 50, JAIN MANDIR ROAD,
BHOPAL  M.P.                                                    ..........Respondent(s)

BEFORE:    
     HON’BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING                  MEMBER
     HON’BLE MRS. REKHA GUPTA, MEMBER

Dated : 07 Apr 2016

            
            Cost paid by the counsel for the petitioner to learned counsel for the respondent who undertakes to pay the said amount to the respondent.

            This revision is directed against the order of the State Commission Madhya Pradesh in Appeal No. 2375/2009 whereby State Commission allowed the appeal preferred by the respondent complainant against the dismissal of his complaint and directed refund of Rs.45,500/- to the respondent in view of the fact that respondent after taking admission in the integrated two years course, opted out after about more than two months and sought refund.

             The short question involved in this revision petition is whether or not in the event of withdrawal of a student midway in the course, the student would be entitled to any refund of the fee paid in advance?  The issue involved in the revision petition is no more resintegra.  The larger Bench of this Commission in RP No.2054/2013 titled FIITJEE Ltd. Vs. Harish Soni vide order dated 08.10.2015  has settled the issue wherein has been held that if a student leave the course midway, he would not be entitled to refund of money provided the seat has remained vacant.  The aforesaid judgment applies to the facts of this case on all counts.

             Thus, in our opinion, the order of the State Commission awarding refund of money despite of petitioner having left the course midway cannot be sustained.

            Revision petition is, therefore, allowed, impugned order is set aside and complaint is dismissed.  The amount deposited by the petitioner pursuant to the stay order be released to him after complying with due procedure.