Chandigarh

DF-II

CC/602/2017

Kunal Thakur - Complainant(s)

Versus

Chitkara University - Opp.Party(s)

Lakhbir Singh Adv.

02 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	602/2017
Date of Institution	:	10.08.2017
Date of Decision	:	02/11/2017

 

                                       

                                               

Kunal Thakur s/o Rajesh Kumar r/o H.No.2272-C, Sector 63, Chandigarh

                                ...  Complainant.

Versus

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

…. Opposite Party.

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by:

                Sh.Lakhbir Singh, Adv. for complainant

                None for OP.

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief, the complainant got admission for Computer Science Engineering Course on 10.06.2016 with the OP-Institute  by depositing Rs.93,000/-. OP issued receipts No.323 and 183 dated 10.06.2016 for Rs.2,500/- and Rs.91,000/- respectively (Annexure C-3 Colly.). It has been averred that as per the orientation schedule for Session 2016-17, the orientation date for B.E. Program ‘for day scholars’ was 06.08.2016 and ‘for Hostellers (Boys and Girls) was 07.08.2016.  However, after the orientation, he decided not to pursue the Course and as such he wrote a letter dated 08.08.2016 to the Administrative Officer of the OP for refund of the fees. According to the complainant, as per the terms and conditions of the pamphlet/brochure for Session 2016-17, the OP was liable to refund Rs.89500/- after deducting Rs.1000/- towards processing charges and Rs.2500/- towards counselling charges as the application of withdrawal was made before the commencement of the session. However, the OP had refunded Rs.79,500/- only vide cheque dated 08.12.2016 and failed to refund the remaining amount of Rs.13,000/- despite his repeated requests. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         OP appeared through its Counsel but it failed to file the written statement and evidence and as such the defence of the OP was struck off vide order dated 18.10.2017.
3.         We have heard the Counsel for the complainant and gone through the documentary evidence on record.
4.         Fees Refund Rules as stipulated in the terms and conditions of the pamphlet/brochure (Annexure C-1) of the OP-Institute reads as under:

“Fee Refund Rules

        Fees once paid will be refunded in full subject to a deduction of Rs.1000/- towards processing charges and Rs.2500/- towards counselling fee if application of withdrawal is made on or before commencement of the session.       

        In case withdrawal application is made after the commencement of the session fees will be refunded after a pro rata deduction alongwith with deduction of Rs.1000/- towards processing charges and Rs.2500/- towards counselling fee.

        The fees shall be refunded within 120 days of the commencement of the academic session if the refund application is submitted before the start of the session.

5.         As averred in the complaint, the Classes for the Course were scheduled to be commenced on 09.08.2016 whereas the complainant showed his intentions not to pursue the Course vide his letter dated 08.08.2016(Annexure C-4) i.e. before the commencement of the session and as per the fees refund rules reproduced above, the fees was to be refunded in full subject to deduction of Rs.1000/- towards processing charges and Rs.2500/- towards counselling fee. However, the OP had refunded Rs.76,500/- through cheque dated 08.12.2016 only and retained the remaining amount of Rs.13,000/- without any rhyme and reason, contrary to its own terms and conditions and as such the OP has proved to be deficient in service as also indulged into unfair trade practice.  Moreover, the OP preferred not to file the written statement and evidence to refute the averments as made in the complaint.
6.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The opposite parties are directed as under ;-

1. To refund Rs.13,000/-  to the complainant with interest @ 9% p.a. from 08.12.2016 (i.e. when the OP refunded a sum of Rs.76,500/- to him), till its realization.
2. To pay a sum of Rs.2,000/- to the complainant as compensation for mental agony and physical harassment.
3. To pay Rs.5,000/- as litigation expenses.

This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No. (ii) shall also carry interest @9% per annum from the date of this order till its realization besides compliance of directions as mentioned at Sr.No.(i) and (iii).

7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

02/11/2017 

Sd/-

(RAJAN DEWAN)

PRESIDENT

Sd/-

(PRITI MALHOTRA)

MEMBER

Sd/-

(RAVINDER SINGH)

MEMBER