DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK

                                                   Present: 1.Sri  Raghunath Kara, President

                                                                  2.Sri  Basanta Kumar Mallik, Member

                                                                  3 Apsara Begam, Member

                         Dated the 23^th day of  June ,2016

                               C.D.Case No. 129 of 2015

Saswati Agasti

D/O Padmanav Agasti

Vill/Po-Ertal

Ps Basudevpur

District- Bhadrak                                              ………………………Complainant

                   (Versus)

1. Branch Manager

State Bank Of India Basudevpur. Bhadrak

02-Nodal Officer’

     F.M University , Odisha, Balasore.

1.  The Chairman,

            Odisha Joint Entrance Examination,

            Gandamunda, Khandagiri,

             Dist:Khurda, Bhubaneswar-751030                        

                                              …………………………..Opp.Party

For the Complainant:  Advocate SriJ.B Agasti & others

For the Opp.Party No1 :   Sri Arun Kumar MishrA  & Ors., Advocates

For the Opp.Party No.2 :   In person.

For the Opp.Party No. 3:   Mr. Subir Palit  & Ors., Advocates

Date of hearing       : 22.06.2016

Date of order          :  23.06.2016

SRI  RAGHUNATH KARA, PRESIDENT:

1. This dispute arises out of the complaint filed by the complainant alleging deficiency in service against the O.Ps..
2. The back ground facts disclosed in the complaint are to the effect that the Complainant appeared the Odisha Joint Entrance Examination, 2015(OJEE) conducted by the O.P. vide Roll No.28500312 and Registration No. 50831970. After publication of the result, the Complainant was issued with Rank  348509 for the course  ELECTRICAL ENGINEERING. Thereafter, as per Brochure Supplied by the Op. No.3  the Complainant  deposited  a Bank Draft for Rs.5,000/- dt. 08.07.2015  in favour of O.P No.3. from State Bank Of India Basudevpur Branch ( O.P No.1 ) Bhadrak towards tuition fees. Thereafter, by depositing the above  Bank draft  in the F.M.University Nodal Centre, Balasore ( O.P N.2) the Complainant participated in the Counselling. However, due to financial crisis the Complainant could not take admission.  .  As the Complainant did not take admission, he applied before the O.P No.2. along with Xerox copy of documents in support of deposit of the drafts on 23.07.2015 for refund of  deposited tuition fee amounting to Rs.5,000/-. Thereafter, the O.P. No2 allowed the application of the Complainant and  has  advised to meet O.P No.3 to get back her deposited amount f . As the O.Ps. failed to refund the tuition fee, the Complainant filed the present complaint seeking direction to the O.P. for refund of Rs.5,000/- with interest @ 9% per annum from the date of purchase of draft along with litigation cost and Compensation of  Rs.50,000/- towards mental agony and harassment.
3. O.P No.1 admitted the fact that, the complainant has deposited Rs.5.000/- only in shape of B.D bearing No. 995596 dt. 08.07.2015 in favour of O.P No.3. O.P No.2   in his objection also admits the deposit of Rs.5.000/- Only in shape of B.D  bearing No. 995596 dt. 08.07.2015 in favour of O.P No.3. and  O.P No.2 has also advised the complainant to collect the with drawal amount from OJEE office at Gandamunda Bhubaneswar as because the bank draft was already collected by Bank Of Boroda on behalf of O.P No.3 on 20.07.2015.  O.P No.3. resisted the complaint and contested the claim on the grounds that the case is not maintainable; it is barred by Limitation and non-joinder of necessary/proper parties. The O.P. pleaded that the Complainant had appeared OJEE 2015 and succeeded in the above examination. After publication of result, the Complainant was informed with regard to her  Rank information and his rank course is: ELECTRICAL ENGINEERING.   vide Rank No Rank  348509… That after her selection by the O.P No.2 and O.P No.3 the complainant did not take admission in the institute through the counseling was held on 23.07.2015. But unfortunately  the complainant gave an application to the O.P No.2 to withdraw the deposited amount  but till  date  the complainant did not make any correspondence or submit any scrap of paper with regards to refund of money.. After a long gap the Complainant filed the present complaint which is liable to be dismissed with cost.
4. During course of hearing we perused the complaint petition, citations relied on by both parties and documents filed by the Complainant. On perusal of record, we find that the O.P No.2 . has received Rs.5,000/- from the Complainant in shape of B.D.vide No. 995596 dt. 08.072015 drawn on State Bank of India Basudevpur  Branch,Bhadrak   towards part admission fees. . Relying on certain decisions, it has been pleaded on behalf of the O.P. that holding of examination and non-declaration of result of an examinee do not constitute consumer dispute and the Complainant is not a consumer within the meaning of C.P.Act. The question that needs for consideration is (i) Whether complainant is a consumer and  (ii) whether the Complainant is entitled to refund of deposited amount  of the OJEE-2015.

Consumer protection Act 1986 2(d)says-     "consumer" means any person who—

            buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or”

   Admittedly   O.Ps have received a consideration of Rs.5.000/- from the complainant towards part  tuition fee from complainant and the  complainant is the consumer under the educational institute . Admittedly It is not the case fee of O.P. that refund of tuition fee is applicable to the Complainant.  No where  O.P No.3  stated  that this is the course fees which is not refundable. The demand of Rs.5,000/- towards tuition fee has been deposited  by the Complainant. In this connection, we rely on a decision of the Hon’ble National Commission, New Delhi reported in 2013(3)CPR-410(NC) in the case of Punjab Technical University Vs. Abhinav Aggarwal & Ors. wherein it has been held that;

“Institute can retain conselling fee while making refund of admission fee”.

In the aforesaid case Complainant/Respondent took admission in the Institute of O.P./Petitioner and deposited fees. Later on, Complainant got admission in other University and requested for refund of fees. In the light of aforesaid decision, we are constrained to hold that the Complainant is only entitled to get refund of Rs.5,000/- from the O.P. The decisions cited by O.P. relate to holding of examination and non-declaration of result of an examinee and the same is not applicable to the present case for refund of part tuition fees in case no admission is taken. As such we find that the Complainant has been able to prove this case beyond reasonable doubt and non-refund of tuition fee in spite of repeated requests amounts to deficiency in service.

                                                    O R D E R

                        The complaint be and the same is allowed on contest against O.Ps.. The O.Ps No. 2 & 3 . are directed to refund Rs.5,000/- to the Complainant along with litigation cost of Rs.1000/- within a period of 30 days of receipt of this order, failing which interest @ 9% per annum shall be paid by the O.Ps. from the date of deposit till its realization. O.P No.1 is immune from any liability. 

                        This order is pronounced in the open Forum on this the 23^th day of  June,2016  under my hand and seal of the Forum.