Date of Filing:18.11.2008<br /> Date of Order:22.01.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 22ND DAY OF JANUARY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2482 OF 2008<br /> <br /> <br /> Tinku Kumar Singh,<br /> C/o Deepak Kumar Singh,<br /> H.No. 1175, Munikempana Layout,<br /> Dasarahalli, H.A.F Post, <br /> Bangalore-560 024. Complainant<br /> <br /> <br /> V/S<br /> <br /> The Chairman,<br /> Brindavan College, II Cross,<br /> Vinayaka Layout, Bhoopasandra, <br /> R.M.V. Extension,<br /> II Stage, Bangalore-560 094. Opposite Party<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> <br /> <br /> The complainant has filed the complaint stating that Tinku Kumar Singh S/o Mahesh Singh native of Bihar taken admission in the opposite party college. The complainant has paid Rs.35,000/- on 4th June-2008. The father of the student told that he is not going to support the complainant. His study is discontinued. The complainant approached the Chairman of Brindavan College and stated all his problem. He expressed his inability to refund the admission money stating that no such rule or provision to refund the money and complainant requested to reduce some portion for office expenditure and refund part of the amount. Therefore, the complainant sought for refund of Rs.35,000/-.<br /> <br /> 2. Notice was issued to opposite party. Opposite party has put in appearance through Advocate and filed defense version. The complaint filed by Deepak Kumar Singh is not maintainable and same is liable to be dismissed. Admission of Tinku Kumar Singh has been notified by the opposite party college to the University. Tinku Kumar Singh has paid Rs. 35,000/-. The course fee is Rs.1,35,000/-. Tinku Kumar Singh has dropped out from the opposite party college. It is the opposite party college that will loose fee of Rs.1,00,000/-. However, in humanitarian ground opposite party college is not insisting on payment of Rs.1,00,000/- even the Government College do not refund the fee if the student dropped out after getting admission. It is made clear in the Prospectus as well as Application Form that the fee will not be refunded at any cost. Hence, the opposite party requested to dismiss the complaint.<br /> 3. Arguments are heard.<br /> 4. I have gone through the complaint, defense version and documents. It is an admitted case of the parties that one Tinku Kumar Singh had taken admission in the opposite party college for BBM Course. It is also admitted by the opposite party that Rs.35,000/- has been paid by the student. The opposite party has produced application form for admission. There is a declaration of the candidate. Declaration No.4 states “fees or any amount once paid will not be refunded under any circumstances”. This Declaration Form has been signed by the candidate. The opposite party has produced the list submitted to the Bangalore University for the admission to first year BBM Course for the year 2008-09. In this list the name of Tinku Kumar Singh appears at Serial No.36. The opposite party has also produced Prospectus of the college. In the Rules of admission, Rule-5 states “the college fee and other payments once paid will not be refunded, if the candidate does not join the college, or leaves the college after admission for any reason”. The complainant has not produced any record to show that he has given in writing to the college for cancellation of seat or admission within a reasonable time after taking admission. The complainant should have intimate the college authority for cancellation of the seat so that the college could have allotted that seat to any other student. In the absence of any request letter or intimation to the college informing withdrawal of the seat or cancellation of seat, it is very difficult to direct the opposite party to refund the fee received from the student. Opposite party submitted that the course fee was Rs.1,35,000/-. Since Tinku Kumar Singh had dropped out from the opposite party college and his seat remained vacant and the college had already submitted the list of student to the Bangalore University. Therefore, the opposite party college will be loosing Rs.1,00,000/-. However on humanitarian ground the opposite party college is not insisting on the payment of Rs.1,00,000/- from Tinku Kumar Singh. So, under these circumstances, it is very difficult to grant any relief to the complainant. The complainant having signed the Admission Form and one of the conditions of the admission fee once paid will not be refunded under any circumstances and therefore, the District Fora is unable to grant any relief to the complainant. No doubt the complainant had paid Rs.35,000/- to the college but the student left the college and joined another college. Therefore, he has to loose Rs.35,000/- paid to the opposite party college. On the facts and circumstances of the case, there is no scope to grant any relief to the complainant. In the result, I proceed to pass the following:-<br /> <br /> ORDER<br /> <br /> 5. The complaint is dismissed. No order as to costs.<br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 7. Pronounced in the Open Forum on this 22ND DAY OF JANUARY 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> Rhr., <br />