O R D E R :-( per Mr. B.R. Chandel, President )
The complainant Shri Shubham Thakur on the strength of this complaint has claimed that the opposite parties be directed to refund Rupees 5000/- along with interest, to pay a compensation in sum of Rupees 5,000/-for harassment along with cost of the complaint on the grounds that he after passing 10+2 (Non Medical) examination appeared AIEEE in the year 2013, but secured low marks, hence could not get admission in IIT or NIT. The representatives of the opposite parties invited the candidates to seek admission in A.P.G. University Shimla in the said courses and received Rupees 5,000/- from the complainant also as registration fee. The opposite parties assured that in case the candidates who would not be interested to seek admission in the said institute would be refunded the registration fee and in case he was selected the said amount would be adjusted towards the payment of fee, upon which the complainant paid Rupees 5,000/-. During the course of counselling the complainant was not satisfied hence was not interested to get admission hence asked for refund of the registration fee of Rupees 5,000/-. The opposite parties assured the refund of said amount to him and promised to pay the same through cheque on completion of certain formalities, but failed to refund the said amount in spite of several verbal requests and written notices which amounts to unfair trade practice and deficiency in service due to which the complainant has suffered harassment, humiliation and monetary loss.
2. The notice of the complaint was duly served upon the opposite parties, but the opposite parties did not appear hence have been proceeded against the exparte.
3. The complainant has led exparte evidence.
4. We have heard the learned counsel for the complainant and gone through the complaint.
5. The averments made in the complaint are duly supported and corroborated by the affidavit Annexure C-11 which has gone unrebutted and unchallenged. An amount of Rupees 5,000/- was deposited by the complainant in favour of A.P.G. Shimla University on 28-06-2013. The complainant sent letter Annexure C-3 dated 11-10-2013 for the refund of registration amount. The father of the complainant issued letter dated 03-03-2014 Annexure C-5 to the opposite parties requesting therein to refund the said amount. The complainant also served upon the opposite parties a legal notice Annexure C-10 requesting therein to refund the said amount, but the opposite parties have failed to refund the said amount. The averments made in the said affidavit have gone unrebutted and unchallenged, hence this Forum has no reason to disbelieve the deposition of the complainant which is also supported by the above stated documents placed on record. The opposite parties did not opt to resist and contest the complaint, which meant that the opposite parties have nothing to state in opposition of the claim of the complainant. It also stands proved that the opposite parties have promised and assured the complainant to refund the registration fee in case he would not be interested in seeking admission with A.P.G. Shimla University, but the opposite parties failed to refund the said amount.
6. In view of the evidence discussed and findings recorded above, this Forum is left with no option except to conclude that the opposite parties have committed unfair trade practice and deficiency in service due to which the complainant has suffered harassment, monetary loss and mental tension.
RELIEF
In view of the findings recorded above, the complaint is allowed. The opposite parties are directed to refund Rupees 5,000/- to the complainant within 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to get interest at the rate of 9% per annum from the date of filing of the present complaint i.e. 11-06-2014 till the said amount is paid or realized. The opposite parties are also directed to pay cost of the complaint which we assess at Rupees 3,000/-. Let certified copy of this order be sent to the parties free of cost, as per rules. The file, after its registration and due completion be consigned to the records.
ANNOUNCED AND SIGNED IN OPEN COURT
ON THIS THE 12TH DAY OF MARCH, 2015
(B.R. Chandel )
President
(Th. Digvijay Singh) ( Sushma Sharma)
Member Member
