DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA

C.C.No.280 of 21-10-2019

Decided on : 16-05-2023

Anjali aged about 19 years D/o Sanjeev Kumar R/o H.No.11413, St. No. 3B, Jujhar Singh Nagar, Bathinda.

........Complainant

Versus

Baba Farid Group of Institutions through it's Director/Principal/ HOD/ Authorized Signatory/ Branch Head, Village Deon, Muktsar Road, Bathinda.

.......Opposite party

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Sh. Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present :

For the complainant : Sh. Amit Gupta, Advocate.

For opposite party : Sh. R.K. Sharma, Advocate.

ORDER

Lalit Mohan Dogra, President

1. The complainant Anjali (here-in-after referred to as complainant) has filed this complaint U/s 12 of Consumer Protection Act, 1986 (Now C.P. Act, 2019, here-in after referred to as 'Act') before this Forum (Now Commission) against Baba Farid Group of Institutions (here-in-after referred to as opposite party).

2. Briefly stated, the case of the complainant is that complainant applied for admission for the B.sc Honors (Chemistry) in the Institution of opposite party for session 2019-20 and on the asking of opposite party, complainant deposited Rs.12,000/- on 31-5-2019 as the semester fees.

3. It is alleged that in the meanwhile complainant wished not to persue the course from opposite party and urged them to refund the fees paid by her. The complainant didn't attend the single class as she had requested for refund in June but opposite party didn't pay head to her request and since then she is visiting opposite party for her rightful claim to get back the refund of Rs. 12,000/- but to no effect. Due to adamant attitude of the opposite party, complainant is suffering mental tension for which she claims compensation to the tune of Rs. 30,000/-.

4. On this backdrop of facts, the complainant has prayed for directions to the opposite party to refund the fee Rs.12,000/- with interest @ 18% from 31-5-2019 till payment and pay Rs.30,000/- as compensation.

5. Upon notice, opposite party appeared through counsel and contested the complaint by filing written reply raising legal objections that complaint is not maintainable and that the complainant has concealed true and material facts from this Commission.

6. It has been pleaded that as per university rules, it is provided that in case any student withdraws from the course then he shall be refunded after deducting processing fee not exceeding Rs.1000/- but only if the head of concerned department certifies that the seat so vacated by the student has been filled in. In this case the complainant took admission in her trade on 31.05.2019 and of her own free will, deposited the amount of Rs.12000/- out of Rs.30,340/- with the opposite party but later on 19.07.2019 she filed application for withdrawing the admission and refund of amount deposited by her, but the complainant is not entitled for refund of amount as on the date out of total intake was of 50 seats in the B.Sc Honour (Chemistry) category and out of the same only 14 were filled in and remaining were lying vacant and now the complainant has also withdrawn her admission and now 13 seats are filled in while remaining lying vacant. So in these circumstances the complainant cannot be refunded the fee deposited by her.

7. Further legal objection are that the complaint is false one and has been filed on wrong facts and with malafide intention to cause harassment and humiliation to the opposite party and that the opposite party is an educational institution and the complainant is not a consumer qua the opposite party and as such the complaint is not maintainable.

8. On merits, the opposite party has reiterated its version as pleaded in legal objections and detailed above. In the end, the opposite party prayed for dismissal of complaint.

9. In support of his complaint, the complainant has tendered into evidence her affidavit dated 16.10.2019 (Ex. C-1) and photocopy of receipt (Ex. C-2).

10. In order to rebut the evidence of complainant, the opposite party has tendered into evidence affidavit of Sh.Ruwal Singh Brar dated 7.1.2020 (Ex. OP-1/1) and the documents (Ex. OP-1/2 to Ex. OP-1/11).

11. We have heard learned counsel for the parties and gone through the file carefully.

12. The learned counsel for the complainant has argued that complainant had applied for admission in B Sc Honors (Chemistry) in the Institution of the opposite party for the session 2019-2020 and deposited Rs. 12,000/- as fee and since the complainant was not able to persue her course, as such, she had demanded the refund of the amount but the opposite party refused to refund the amount.

13. On the other hand, learned counsel for the opposite party has argued that amount of Rs. 12,000/- could be refunded after deducting Rs. 1,000/- only in case the seat vacated by the complainant is filled in the same session but since the seat vacated by the complainant was not filled, as such, she is not entitled to refund and has also argued that this Commission has no jurisdiction.

14. We have considered the rival contentions and gone through the record.

15. This Commission has gone through the record and settled law. The case law referred by learned counsel for the opposite party and the reliance has been placed on the judgement of the Hon'ble Supreme Court titled Bihar School Education Board Vs. Suresh Prasad Sinha IV (2009) CPJ 34 (SC) and Maharishi Dayanand University Vs. Surjeet Kaur, Civil Appeal No. 680 of 2008 decided on 19-7-2010. It has been held that being educational Institute, the complaint against them cannot be entertained by Consumer Fora. As such, from the ratio of above referred judgement, this Commission is of the view that this Commission has no jurisdiction to entertain and try the present complaint.

16. Accordingly present complaint is hereby dismissed being not maintainable. Since complaint before this Commission is not maintainable, merits are not being touched. However, the complainant is given liberty to approach appropriate court of law for recovery of amount of Rs. 12,000/-.

17. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced:-

    16-05-2023

     

    1. (Lalit Mohan Dogra)

    President

     

     

    (Shivdev Singh)

    Member