Chandigarh

DF-I

CC/235/2018

Ashwin Rajput - Complainant(s)

Versus

Chitkara University - Opp.Party(s)

Aanchal Thakur

30 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/235/2018
Date of Institution	:	24/05/2018
Date of Decision	:	30/10/2019

 

Ashwin Rajput S/o Sh. Sukhjit Singh, R/o 88-L, Model Town Hoshiarpur (Punjab), now residing in H.No.955, Sector 41-A, Chandigarh.

…..Complainant

 

V E R S U S

 

 

Chitkara University having its Admn. Office at Saraswati Kendra, SCO 160-161, Sector 9, Chandigarh, through its Manager/ Representative.

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	Sh.Navjot Singh, Vice Counsel for Ms.Aanchal Thakur, Counsel for Complainant.
	:	Sh.Dinesh Arora, Counsel for Opposite Party.

 

PerDr.S.K.Sardana, Member

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, the Complainant took admission in B.Tech (1^st Semester) in Computer Science Engineering at Opposite Party Institute and deposited a sum of Rs.1,38,500/- and was allotted Roll No.1710991160 on 14.08.2017. The classes were to start from 16.08.2017, which were not attended by the Complainant. Eventually, the Complainant applied to the Opposite Party for surrendering his seat and also requested to refund fee and other charges i.e. Rs.1,38,500/- deposited by him, as per the Fee Refund Policy. The Opposite Party had refunded an amount of Rs.1,18,500/- out of Rs.1,38,500/- deposited by the Complainant and deducted an amount of Rs.20,000/- without any reasons and beyond the fee refund policy. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         Opposite Party contested the Complaint and filed its reply, inter alia, admitting the basic facts of the case. It has been asserted, per guidelines as well as the provisions of refund of fee, refund of entire fee is applicable only to those students who surrender their seats before commencement of the course. The Complainant submitted his application for surrendering his seat on 16.08.2017 i.e. after commencement of the course. The Complainant was not entitled to refund of entire fee. However, since his case was falling under the category of Clause 2 of refund policy, therefore, his fee was refunded accordingly. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint.
4.         The parties led evidence in support of their contentions.
5.         We have gone through the entire record and heard the arguments addressed by the Learned Counsel for the Parties.
6.         The main grievance of the Complainant is that the Opposite Party has refunded an amount of Rs.1,18,500/- out of Rs.1,38,500/- deposited by him towards admission in a course of the Opposite Party and deducted an amount of Rs.20,000/- without any reasons and beyond the fee refund policy.
7.         Per contra, the Opposite Party has heavily relied upon the rules and regulations governing the refund of fee. It has been argued that the fee has been refunded as per condition no.2 of the refund policy.
8.         We have minutely gone through the terms and conditions of the refund policy, which is available at Exh.OP2. As per condition no.2 of the said policy, for withdrawal request received within 20 days from the commencement of the programme (orientation/ class whichever is earlier), the entire academic fee after deducting Rs.10,000/- will be refunded. However, in the case in hand, since the request was made by the Complainant after the commencement of the programme (orientation/ class), the Opposite Party was within its rights to deduct Rs.10,000/- as per the refund policy. Furthermore, we feel that since the Complainant has attended the counseling sessions of the Opposite Party, the act of the Opposite Party in recovering Rs.2500/- towards counseling fee was also justified.
9.         The Opposite Party has contended that it charged an amount of Rs.45,000/- on account of the hostel fee and has refunded the amount after recovering Rs.7,500/- on pro-rata basis towards the same. However, we are not impressed with the same, in as much as, the Complainant has retained the hostel accommodation only for a short period and not exceeding one week, hence the Opposite Party was not justified in recovering more than 10% of the hostel fees and ought to have refunded the balance amount after deducting Rs.4500/- i.e. 10% of the hostel fee of Rs.45,000/-. Hence, we are of the concerted view that the Opposite Party failed to refund the due amount to the Complainant, which surely and certainly amounts to deficiency in service and its indulgence into unfair trade practice, as a result of which the complainant has been left with no alternative, except to knock the doors of this Forum, which further aggravated his pain & harassment.
10.         In the light of above observations, we are of the concerted view that the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed, qua it. The Opposite Party is directed:-

(i)     To refund to the Complainant the amount of Rs.3,000/- excessively charged;

 

(ii)    To pay Rs.3500/- to the complainant towards compensation for harassment and mental agony.

 

(iii)   To pay Rs.3500/- as litigation expenses.      

  

                This order shall be complied with by the Opposite Party within one month from the date of receipt of its certified copy, failing which, it shall be liable to pay the amounts at Sr.No. (i) and (ii) to the complainant along with interest @ 9% p.a. from the date of filing of the present Complaint, till its realization, apart from compliance of the directions as contained in sub-para [iii] above.

11.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
30/10/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”