A professional coaching institute has failed to get relief from a Delhi court which directed it to refund fee of over Rs 52,000 to one of its students who failed to attend classes due to medical problems. Additional District Judge (ADJ) Sanjeev Aggarwal upheld the magisterial court's order directing Narayana IIT Academy at West Punjabi Bagh to pay back Rs 52,736 to Sanjay Poddar,a resident of Rohini,who had admitted his son in the institute in a two-year classroom program for engineering coaching. Poddar had deposited Rs 70,328 as fee with the institute for the two years course in April 2005 but his son Akshay could not continue to attend the classes after six months as he developed problems in his eyes and lost his vision. The institute approached the sessions court challenging the order of the trial court which had directed it to refund the balance amount of fee for the period for which the boy had not attended the classes. "After going through entire judgment and conclusion given by the trial court,I do not find infirmity or illegality in the judgment. It is well supported by the reasons given in support of the same. Consequently,I do not find any merits in the present appeal. Consequently,appeal (of the institute) stands dismissed," The ADJ said. The court rejected the institute's submission that the form filled by the students at the time of admission includes a condition that no student will be entitled to refund of fee in any circumstances. The court rejected it saying the institute did not bring this clause before the trial court and it cannot be filed in the appeal for the first time. The court noted that the institute had also denied that Akshay had attended the classes only up to six months but at the same time,it failed to produce attendance record before it.
