Haryana

Yamunanagar

CC/271/2013

Salonika Aggarwal D/o Anil Kumar Aggarwal - Complainant(s)

Versus

C.D.L. College Of Ayurveda. - Opp.Party(s)

Anil Aggarwal

08 Aug 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA   NAGAR

 

 

                                                               Complaint No. 271 of 2013.

                                                               Date of institution: 09.04.2013

                                                               Date of decision: 08.08.2017.

 

Miss Salonika Aggarwal, Daughter of Shri Anil Kumar Aggarwal, aged about 25 years, house No.316 Sector 13, Kurukshetra (Haryana).

 

                                                                                                 …Complainant.

                                   Versus

1. Principal CDL College of Ayurdeva, Bhagwangarh, Buria Road, Jagadhri-135003 (Haryana)

 

2. The Chairman, CDL College of Ayurdeva Bhagwangarh, Buria Road, Jagadhri—135003(Haryana).

 

3. The Registrar, Kurukshetra University, Kurukshetra 136119 (Haryana).

 

….Respondents.

 

 

 

BEFORE     SH. DHARAMPAL, PRESIDENT

                   SH. S.C.SHARMA, MEMBER.

                   SMT. VEENA RANI SHEOKAND, MEMBER.

 

 

Present:       Sh. Anil Aggarwal, Advocate, for complainant.   

                   Sh. Parmod Gupta, Advocate, for OP No. 1 & 2.

                   None for OP No.3.

 

 

ORDER (DHARAM PAL, PRESIDENT)

 

 

1.                The complainant Salonika Aggarwal has filed this complaint under section 12 of the Consumer Protection Act 1986 as amended up to date (hereinafter respondent will be referred as OPs). 

2.                Brief facts of the complaint, as alleged by the complainant, are that on 30.09.2005, the complainant was admitted in the said college for the BAMS IST Pro. of the Academic Session 2005-06 running by the OP No.1 and 2 . The amount of Rs.91,700/- was deposited in said college as one year tuition fee, student fund, mess charges  and college, Hostel securities etc. vide receipt Nos.12704 of Rs.62,700/- and No.12721 of Rs.29,000/-  as per direction of OP No.1. The photo copies of the receipts have been enclosed as Annexure C1 and C2. All the original certificates upto 10+ 2 classes were produced along with one attested copy of the each certificate for verification of OP No.1 and 2 which were illegally detained by the OP No.1 and 2 by taking plea that these will returned later on after completion the course in question. The said course was to be completed within five and half year i.e. up to 30^th April 2011 in which four and half years of course and one year of internship has to be completed by complainant. The above said amount was deposited after granting loan with interest at the rate 18% PA from the PNB, Ratgal for the education purpose. In the month of November 2005, complainant could not attend the college due to long illness as she was suffered from typhoid. On dated 06.01.2006 and 26.01.2006, a request for leave was sent to OP No.1 but OP No.1 was not ready to grant leave to the complainant. Hence, a notice dated 27.02.2006 was issued to the complainant’s father by the OP No.1 and lateron complainant’s name struck down from the college. So a request to return the original certificate was made to the OP No.1 but the OP no.1 diverted the matter by taking plea and pretext of misplaced or lost etc. In these circumstances the OP No.1 was also requested to allow her to vacate the hostel’s room with her luggage from the Hostel’s room and refund the tuition fee of unleashing or unattended period by the complainant. The OP No.1 was also further requested to refund fees and other charges of Hostel including securities. In this way the above said amount and complainant’s luggage had been detained illegally by OP No.1 and 2. The act of the OP No.1 and 2 in detaining all said original certificate of complainant was illegal, without jurisdiction and in contravention of the rules and regulations framed from time to time by the OP no.3. So complainant had to get duplicate certificates from the concerned institute for the further study and she had to spend a heavy amount, precious time to get them and face unnecessary harassment. In the aforesaid circumstances complainant is entitled for damages from OP No.1 and 2 to the tune Rs.1 lac as damages caused by the OP No.1 and 2 in addition of tuition fees of unleashing or unattended period along with interest expenses thereon from the date of deposit. Hence a legal notice was issued to the OPs and they had agreed and gave assurance to refund the amount of complainant after completion the course in question as per colleges rules. Now period of more than one year has expired but the OP No.1 and 2 did not refund the tuition fees of unleashing/unattended period including security of college hostel. On 01.02.2013, a legal notice again was served to the OPs through her counsel. The copy of legal notice again was served to the OPs through her counsel. Hence, this complaint, wherein it has been prayed that the OPs be directed to refund Rs.91,700/- as deposited with them as fee and other charges of hostel and security etc. along with interest and also to make payment of Rs.1 lac as damages along with interest OP No.1 and 2 may also be directed to release all original certificates upto 10+2 classes.

3.                Upon notice, OP No.1 and 2 appeared and filed their written statement jointly taking some preliminary objections such as complaint is hopelessly time barred because the complainant took admission on 30.09.2005. The limitation for filing the complaint is two years before the District Consumer Dispute Redressal Forum and prayed for dismissal of the complaint on this ground alone. The complainant is not entitled to refund of any fees because the seat remain lying vacant 4 ½ years continuously after vacation of the seat by the complainant; complainant has no locus standi to file and maintain the present complaint; complainant is stopped from filing the present complaint by her own act and conduct and on merit it is stated that complainant took admission in BAMS 1^st year on 30.09.2005 for academic session 2005-06. But it is incorrect to say that she deposited a sum of Rs. 91700/- rather she deposited a sum of Rs.61200/- as tuition fee out of total fee of Rs.275400/- and remaining fee ofRs.214200/- is still pending with the complainant. Regarding Rs.29000/- the same were for the hostel and mess charges etc. and since the seat remained lying vacant throughout 4 ½ years. Regarding original certificates it is stated that no original certificates were ever handed over to the answering OPs and only attested copies were given. The complainant might have given the original certificates to MDU Rohtak. So to say that answering OP ever taken the said documents and ever promised that they will return after completion of course to the complainant, is a total lie. However, it is admitted that the course was for 4 ½ years and one year was internship. Rest contents of the complaint were denied being wrong and incorrect.

4.                OP No.3 appeared and filed its written statement taking some preliminary objections such as no cause of action arose against the answering OP and on merit it is stated that No fee, security had ever deposited with the answering OP by the complainant. The answering OP has no concern regarding struck down of the name of the complainant from the college. There is no liability of the OP to refund the alleged fee. Rests contents of the complaint were denied being wrong and incorrect.

5.                In support of his case, learned counsel for the complainant tendered into evidence affidavit of complainant as Annexure C-A, Photocopy of receipts as Annexure C-1 and C-2, photocopy of legal notice as Annexure C-3, photocopy of postal receipts as Annexure C-4, photocopy of reply to legal notice as Annexure C-5, photocopy of legal  notice as Annexure C-6, photocopy of medical certificate as Annexure C-7, photocopy of letter as Annexure C-8, photocopy of certificate isused by Vishvas Nursing Home as Annexure C-9, laboratory report as Annexure C-10, Courier receipt as Annexure C-11, original notice of CDL college as Annexure C-12, reply of legal  notice as Annexure C-13, photocopy of legal notice as Annexure C-14, photocopy of acknowledgment as Annexure C-15, postal receipt as Annexure C-16, photocopy of fee receipt as Annexure C-17,, photocopy of certificate as Annexure C-18 and copy of account ledger inquiry as Annexure C-19 and closed the evidence on behalf of complainant.

6.                On the other hand, learned counsel for the OPs No.1 and 2 tendered into evidence affidavit of Dr. Ravinder Gupta as Annexure RW/A, photocopy of letter dated 22.02.2006 as Annexure R-1, list of candidates of General Category as Annexure R-2, Legal notice as Annexure R-3, Letter from CBSE Board to The Principal vide dated 13.02.2007 as Annexure R-4, Photocopy of General Instructions as Annexure R-5, photocopy of fee structure as Annexure R-6, photocopy of result card as Annexure R-7 and closed the evidence on behalf of OPs.  

7.                We have heard learned counsel for the parties and have also perused the record available on the file.

8.                Before going on the merit of the case, the main question for consideration is whether the complainant/student is a ‘consumer’ or not. The answer to this is in the negative.

9.                In a recent judgment in Civil Appeal No.697 of 2014, titled as Indian Institute of Bank & Finance (IIBF) Vs. Mukul Srivastava dated 17.01.2014, passed by the Hon’ble Apex Court, the Hon’ble Apex Court has also referred to the judgments reported in Bihar School Examination Board Vs. Suresh Prasad Sinha, 2009 (8) SCC 483, Maharshi Dayanand University Vs. Surjeet Kaur, 2010 (11) SCC 159 and Jagmitter Sain Bhagat Vs. Director, Health Services Haryana & Ors, 2013 (10) SCC 136, holding that the student, under such circumstances, is not a ‘consumer’.

10.               The counsel for the complainant has relied upon the case laws titled as “Punjab Technical University Vs. Abhinav Aggarwal and others reported in 2013(3)  CPJ 626 (NC) wherein it has been held that Education- Admission-Fee deposited – Later got admission in other university –refund of fees-denial of alleged deficiency in service. The counsel for the complainant also relied upon the case law on the points of Limitation i.e. M/s JD Finances (Regd.) and others Vs. Mohd. Tahir and others  reported in 2015(2) CLT 308 (NC), Japjeet Singh Chadha Vs. United India Insurance Company and others, reported in 2014(2) CPR 305 NC, Chambal Fertilizers and Chemicals Limited Vs. Iffco Tokio  General Insurance Company Limited and others  reported in  2012(2) CPJ 312 (NC), New India Assurance Company Limited Vs. Satvinder Kaur and another reported in 2012(2) CPJ, 413 (NC), Sanjay Kumar Gupta Vs. Kebal Kishan Barma and others 2014(3) CLT 408 (NC), Mrs. Rubi Chandra Dutta Vs. United India insurance Company Ltd. II (2011) CPJ 19 (SC). The case law cited by the counsel for the complainant is not disputed but not helpful to the facts of the present case.

11.               In view of the above position of law, the complaint stands dismissed with no order as to costs. However, the complainant is liberty to approach civil court, as per law, for redressal of her grievance, if so advised. A copy of this order be sent to the complainant free of costs.  File be consigned to record room after due compliance.

 

Announced in open court.08.08.2017            (DHARAMPAL)

                                                                PRESIDENT

                                                                D.C.D.R.F.YAMUNA NAGAR

                                                                AT JAGADHRI

 

 

(VEENA RANI SHEOKAND)            (S.C.SHARMA)

  MEMBER                                           MEMBER

 

 

 

Note:  Each and every page of this order has been duly signed by me.

 

                                                     (DHARAMPAL)

                                                     PRESIDENT

                                                     D.C.D.R.F.YAMUNA NAGAR

                                                     AT JAGADHRI