Recovering money paid to a flight training school
Saurabh Aggarwal
(Querist) 18 June 2024
This query is : Resolved
I have paid 2 lakhs to a flight school as joining fee and their documents mention commitment fee is non refundable. After joining the school I find they have many lapses poor quality of classes or education is imparted or syllabus is covered up very fast for the sake of completing it. I was also told and given a joining date in between an already running batch so some part of my syllabus is already lagging as well. I do not wish to continue studying with them and want a refund of my money.The classes are not regular and some syllabus is already left as they gave me a joining date in between an already running batch, I was under the impression when the batch begins everybody would start together. With this kind of equation it would be difficult to continue studying with them having such a trust deficit and poor management of theirs. Can a flight training organisations sued under consumer act or court ? What would be the juridiction I am from other state and this organisation is in another state.
T. Kalaiselvan, Advocate 
(Expert) 18 June 2024
The tribunal made it clear that any deficiency in the services of coaching centres will fall within its jurisdiction as they cannot be equated, as per the settle law that imparting the education by the educational institution cannot make the educational institution as service provider and student appearing examination or taking education is not a consumer.
In Anupama College of Engineering v. Gulshan Kumar and Anr. the Hon'ble Supreme Court has held:
The only question raised in this case is whether a college is a service provider for the purposes of the Consumer Protection Act, 1986. Learned Counsel for the appellant has placed the decision of this Court in Maharshi Dayanand University v. Surjeet Kaur. year two thousand and ten 11 SCC one hundred fifty nine. The aforesaid decision was followed by this Court in SLP (C) No. two two five three two of two thousand and twelve titled as P.T. Koshy & Anr. v. Ellen Charitable Trust & Ors. The order reads as follows: "In view of the judgment of this Court in Maharshi Dayanand University v. Surjeet Kaur, wherein this Court placing reliance on all earlier judgments has categorically held that education is not a commodity. Educational institutions are not providing any kind of service, therefore, in matter of admission, fees etc., there cannot be a question of deficiency of service. Such matters cannot be entertained by the Consumer Forum under the Consumer Protection Act, 1986.
Saurabh Aggarwal
(Querist) 18 June 2024
in short money is gone to the dustbin and the educational institute cannot be held liable for poor grade of education imparted ?
T. Kalaiselvan, Advocate
(Expert) 18 June 2024
Repenting or regretting over the past mistake is not going to fetch you any benefit now except that you have learnt a lesson to be more careful while hastily choosing such institutions
Saurabh Aggarwal
(Querist) 19 June 2024
so institution is free to fool around or provide poor quality classes by taking full money or not refund ?
Isaac Gabriel
(Expert) 19 June 2024
Apparently, imparting education by crook or by hook is lucrative job and it does not fall as a "service Provider"as rightly pointed out by expert Kalaiselvan.
T. Kalaiselvan, Advocate
(Expert) 19 June 2024
The buyer beware clause is applicable here.
You should have adopted due diligence before selecting the institution for this important purpose, now your career is at stake because of your carelessness while selecting the institution for pursuing the ambitious career.
They have not fooled you, instead you were attracted towards their lucrative offers and now repenting for your mistake just because of the reason that you never enquired about the reputation of the institute that conducts such career. programs
Saurabh Aggarwal
(Querist) 21 June 2024
I think you are in a hurry to type without getting into the facts and unable to come to a logical conclusion hence this advice. I mentioned clearly the joining date given was not of a fresh batch, it was in between an already running match. Due to which some of the portion is not covered or would be covered in haste.
The most recent update is that yesterday from the same flying school a trainee aircraft has crash landed due to the poor quality or deficient quality of training imparted or management. The matter is of a higher magnitude than you are understood. What due diligence do you do if one of the pilots from our kind academy flies you or your family member crashes since he wasn't trained properly . Would you still call yourself or your family members careless and label it as " did not do due diligence before pursuing an ambitious trip or bought cheap flight ticket before boarding. Do you not buy a cheap flight ticket and still expect to be dropped to the destination ? Likewise I did look for economical flight school. What has been written and promised shall be completed irrespective. Its a different matter altogether if you are not interested in giving advice or you do not understand aviation related matters.
T. Kalaiselvan, Advocate
(Expert) 21 June 2024
You are seeking legal advise here and if you are not able to understand the underlying law explained very clearly by many experts of this forum, you can consult an advocate or a consultant outside by paying the consulting fees and observing other formalities.
Since you are receiving free of cost advise you will start teaching the experts here. The air crash is an accident and it was you who choose this institution.
You were clearly informed that the educational institutions do not come under the purview of consumer redressal commission, if you know the law better than anyone then nothing stops you from taking action as per the law known to you.
Saurabh Aggarwal
(Querist) 21 June 2024
Educational institutes do not come under consumer redressal that part I understand. But by no means deficiency on part of a FTO can be left un reported or nothing can be done about it. DGCA has taken actions on other flight schools and admitted lapses on maintenance. Whereas as per you nothing can be done of such a flight school and one who has been cheated is responsible.Here is the link of the article.So sir you are clearly not an expert on the topic, actions have been taken against such FTO's in the past.
https://timesofindia.indiatimes.com/city/mumbai/dgca-to-recertify-mishap-hit-flying-training-school/articleshow/105429428.cms.
kavksatyanarayana
(Expert) 21 June 2024
The flight school authority documents mention that the joining fee will not be refundable. At such clause, you shall inquire about the school before paying such a huge amount but without any inquiry, though you came from another state and paid the fee. But you shall not blame such a prudent expert lawyer. Try your luck to file a case in the civil court where the school is running.
Saurabh Aggarwal
(Querist) 23 June 2024
sir nobody is blaming the prudent expert lawyer. All I am saying is complaints can be made to dgca regarding deficiency in flight school and same has happened earlier and is on record. I would be much glad if I would got the similar advice would have come from an expert.
kavksatyanarayana
(Expert) 23 June 2024
Ok. File a case in the civil court under the jurisdiction of the school where it is running and try your luck.
