DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. 76_ OF ___2016
DATE OF FILING : 26.7.2016 DATE OF PASSING JUDGEMENT: 29.01.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Raunak Gupta, s/o Jay Prakash Gupta of Kulpi Road, Puratan Bazar (Near Ration Godown), Baruipur,Kol- 144
O.P/O.Ps : 1. Swami Vivekananda Institute of Science & Technology, at Dakshin Gobindapur, P.S Sonarpur, Kolkata – 145.
2. The Principal of Swami Vivekananda Institute of Science & Technology, Dakshin Gobindapur, P.S Sonarpur,Kol- 145.
3. The Director/Trustee of Swami Vivekananda Institute of Science & Technology, at Dakshin Gobindapur, P.S Sonarpur, Kolkata – 145.
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J U D G E M E N T
Sri Ananta Kumar Kapri, President
Obstinate refusal on the part of the O.Ps Institution to refund the balance admission fee to the complainant has galvanized the complainant to file the instant complaint under section 12 of the C.P Act, 1986, alleging deficiency in service on the part of the said Institution.
The facts leading to the filing of the instant case is epitomized as follows :
The complainant is a student and he got himself admitted to 1st year B-Tech in Computer Science & Engineering in Swami Vivekananda Institute of Science & Technology (O.P-1) on 5.9.2014. He paid Rs.14,950/- out of Rs.29,950/- as admission fee , development fee etc. to O.P-1.On 12.9.2014 he got a call from a government Engineering College, located at Sreerampore and was admitted thereto. On 13.9.2014 he applied for withdrawal of admission from O.P-1 college. The withdrawal was granted finally by the college on 19.9.2014. Then, the complainant demanded refund of admission fee i.e Rs.14,950/- paid by him to the O.P-1 Institution. Rs.6000/- was
refunded by cheque to the complainant by the college and the rest amount of Rs.8950/- has still remained unpaid. Various attempts to pursue the O.Ps to refund the same also failed to produce any dividend. Hence, this case ,praying for the following reliefs :-
- To pay Rs.8950/- to him after deducting Rs.1000/- as per AICTE Notification with interest.
- To pay Rs.2 lacs as compensation for harassment and mental agony and to pay Rs.15000/-as litigation cost.
The O.Ps Institution has been contesting the case by filing written version of their statements. It is admitted that the complainant got himself admitted to the O.Ps Institution and during admission he paid Rs.14,950/-to the Institution. Also admitted is the fact that Rs.6000/- has been returned to the complainant by the Institution and Rs.8950/-is yet to be returned to the complainant by the Institution. The positive case of the O.Ps Institution is that as per UGC//WBUT/AICTE Rules, full fees are to be refunded to the candidate if refund and cancellation are prayed for before commencing of classes and generation of registration number. But if it is done later, said seat cannot be filled up from waiting list and if, registration of University is not cancelled, refund cannot be given. According to it, classes began on 6.9.2014 to 12.9.2014. Refund of Rs.6000/- is made to the complainant on humanitarian ground ,though he is not entitled to get refund in accordance with the rules.
Upon the averments of both the parties following points are formulated for consideration.
POINTS FOR DETERMINATION
- Has the Institution committed any deficiency in service by not refunding the balance admission fee to the complainant ?
- Is the complainant entitled to get relief or reliefs as prayed for?
Evidence of the parties :
The complainant has filed affidavit in chief which is kept in the record. On the other hand, the O.P Institution has filed a petition on 4.4.2017,praying for treating its written version as its evidence and accordingly the said written version of the O.P has been treated as its evidence.
DECISION WITH REASONS
We have perused the documents filed on behalf of both the parties and also the BNA (Brief Notes of Argument ) submitted on behalf of the complainant. Considered all these.
The admitted facts of the case are that the complainant got himself admitted to the O.Ps Institution , that he paid Rs.14950/- as admission fee, that he has cancelled his admission in order to be admitted to another college, that he has been returned Rs.6000/- by the O.Ps Institution and that Rs.8950/- is yet to be returned to the complainant by the O.Ps Institution.
The question which arises for consideration in this context now is , whether the complainant is entitled to the refund as demanded by him.
In Nipunwagar Vs. Symbiosis Institute of International Business [ 1 (2009) CPJ 3 (NC) ] it has been held that the Institute has not suffered any loss as no seat remained vacant and this is one aspect of the matter. Another aspect of the matter is that the Ministry of Human Resources Development and the University Grant Commission have considered the issue and decided that the Institutions and Universities , now in the public interest, shall maintain a waiting list of students/candidates in the event of a student/candidate withdrawing at the starting of the course, the waiting listed candidates should be given admission against the vacancies. The entire fee collected after a deduction of process fee not more than Rs.1000/- shall be refunded by the Institution to the students withdrawing from programme. If a student leaves after joining the course and if the seat consequently falling vacant has been filled by another candidate by the last date of admission, the Institution must return the fee collected with proportionate deduction of monthly fee and hostel rent, where application.
The correct position of Law has been elaborately defined in the Ruling mentioned just above. Coming to the facts of the instant case, it is found that the complainant got himself admitted to the O.P Institution and Rs.8950/- which he paid as admission fee to the O.P Institution has not been returned to him by the O.P Institution despite vigorous persuasion by him to that effect. There is no averment in the written version submitted by the O.P Institution that the seat of the complainant has not been filled up and that the same is lying still vacant. In the circumstances, we feel no difficulty to hold that the said seat of the complainant in O.Ps Institution is no longer lying vacant and that the O.P Institution has actually sustained no loss due to the cancellation of admission by the complainant.
Now, in terms of the Rules as enumerated above, the O.P Institution is bound to return the admission fee to the complainant after deducting Rs.1000/- therefrom as process fee. In view of the above Rules, we are of the opinion that the complainant is entitled to get a refund of Rs.7950/- from the O.P Institution after having deducted Rs.1000/- from Rs.8950/-. Non-refund of this amount to the complainant by the O.P Institution is certainly a deficiency in service and for this deficiency in service the complainant has knocked the door of this Forum and he has been forced to fight this legal battle for about two years incurring tremendous harassment and mental agony ,for which he is entitled to get compensation from the O.P Institution and the order is passed accordingly as hereunder.
In the result, the case succeeds in part.
Hence,
ORDERED
That the complaint case be and the same is allowed on contest against the O.Ps with litigation cost of Rs.5000/-.
The O.Ps, who will remain jointly and severally liable, are directed to make payment of Rs.7950/- to the complainant and Rs.5000/- as compensation for harassment and mental agony caused to the complainant along with Rs.5000/- as litigation cost referred to above within a month of this order, failing which the refund amount and the compensation amount will bear interest @ 12% p.a till realization thereof.
Let a free copy of this order be given to the parties concerned at once.
Dictated and corrected by me
President
We / I agree.
Member Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint case be and the same is allowed on contest against the O.Ps with litigation cost of Rs.5000/-.
The O.Ps, who will remain jointly and severally liable, are directed to make payment of Rs.7950/- to the complainant and Rs.5000/- as compensation for harassment and mental agony caused to the complainant along with Rs.5000/- as litigation cost referred to above within a month of this order, failing which the refund amount and the compensation amount will bear interest @ 12% p.a till realization thereof.
Let a free copy of this order be given to the parties concerned at once.
Member Member President
