Retention Of Fees Without Rendering Services Is Unfair Trade Practice: J&K Consumer Commission Orders Physics Wallah To Refund ₹35,000, Pay Compensation
The District Consumer Disputes Redressal Commission, Baramulla/Bandipora, comprising Peerzada Qousar Hussain (President) and Nyla Yaseen (Member), has directed Physics Wallah Private Limited and its local coordinator to refund ₹35,000 and pay compensation to a complainant whose son was denied access to a NEET 2027 course despite full payment. The Commission observed that retention of...
The District Consumer Disputes Redressal Commission, Baramulla/Bandipora, comprising Peerzada Qousar Hussain (President) and Nyla Yaseen (Member), has directed Physics Wallah Private Limited and its local coordinator to refund ₹35,000 and pay compensation to a complainant whose son was denied access to a NEET 2027 course despite full payment. The Commission observed that retention of fees without providing the agreed services constitutes an unfair trade practice and deficiency in service.
Facts
The complainant, Irshad Rashid Dand, enrolled his son in a NEET 2027 targeted course titled “Pathshala 11th NEET Batch Code ANTIMA” offered by the opposite parties through their Sopore centre. He paid ₹5,000 on 14.04.2025 and ₹30,000 on 25.04.2025, totaling ₹35,000.
Despite payment of the prescribed fee, the complainant's son was not provided access to the batch required to participate in the course. The complainant approached the local coordinator and also addressed a letter seeking either access to the course or refund of the deposited amount. However, no refund was made and only assurances were given.
The complainant further alleged that the opposite parties mentioned an incorrect address on the receipt. It was also submitted that the opposite parties sent SMS and WhatsApp messages alleging non-attendance of the complainant's son and demanded further instalment of fees.
Aggrieved, the complainant approached the Commission. Despite service of notice, the opposite parties failed to appear or file any response, and the matter proceeded ex parte.
Observations of the Commission
The Commission observed that the complainant had paid ₹35,000 for the course, yet the opposite parties failed to provide access to the complainant's son. It held that the opposite parties were under a bounden duty to provide the agreed services, and failure to do so amounted to deficiency in service.
The Commission further observed that retention of fees without rendering services is impermissible and constitutes an unfair trade practice.
Accordingly, the Commission allowed the complaint and directed:
• Refund of ₹35,000 to the complainant
• Payment of ₹50,000 as compensation for academic loss
• Payment of ₹10,000 towards litigation charges
The Commission further directed that the amount be paid within four weeks, failing which it shall carry interest at the rate of 10% per annum from the date of the order till realization.
Case Title: Irshad Rashid Dand vs. Physics Wallah Private Limited & Anr.
Case No.: 46/2025