Haryana

Yamunanagar

CC/806/2013

Kuljeet Singh S/o Mohan Singh - Complainant(s)

Versus

D.A.V.College For Girls - Opp.Party(s)

P.K.Kashyap

21 Nov 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                       Complaint No. 806 of 2013.

                                                                                       Date of institution: 07.11.2013.

                                                                                       Date of decision: 21.11.2016.

Kuljeet Singh aged about 41 years son of Sh. Mohan Singh, resident of House No. 169/10, W.No. 4, Badri Nagar, Ponta Sahib, H.P.

                                                                                                           …Complainant.

                                    Versus

1. D.A.V. College, Yamuna Nagar, through its Chairman.
2. The Principal, D.A.V. College for Girls, Yamuna Nagar.                                                                                                                                                                                                                        …Respondents.

 

BEFORE:         SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                         SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. P.K .Kashyap, Advocate, counsel for complainant.  

               Sh. D. S .Panjetha, Advocate, counsel for OPs.      

ORDER

 

1.                     The present complaint has filed by the complainant under section 12 of the Consumer Protection Act, 1986 praying therein that the respondents( hereinafter referred as Ops) be directed to refund the hostel fee to the tune of Rs. 35100/- alongwith interest and also to pay compensation as well as litigation expenses.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the daughter of complainant Ms. Amandeep Kaur took admission in the B.Sc. (Medical) 1st semester for the session 2013-14 and deposited Rs. 9953/- as admission fee vide receipt No. 27 dated 01.07.2013 (Annexure C-2) in the college of the OPs and also deposited an amount of Rs. 35100/- on account of hostel charges vide receipt no. 410 dated 02.07.2013 (Annexure C-1) and a  room No. 45 was allotted in the new building of hostel to the daughter of complainant. After some time, the daughter of the complainant started facing serious ailment due to poor quality of food and was not in condition to take such a poor quality of food so, she decided to leave the college. On 27.08.2013 she had got cancelled her admission and requested to OP No. 2 to refund the hostel fee upon which the OP No.2 asked her that the same would be refunded after one week but till date no refund has been made by the OPs. A reminder through registered post was sent on 04.09.2013 but all in vain. A legal notice was also issued but the OPs failed to comply with the same. As such, there is a deficiency and negligence in service on the part of Ops. Hence, this complaint.

3.                     Upon notice, OPs appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable; complainant is estopped from filing the present complaint by his own act and conduct; this Forum has got no jurisdiction to entertain and try the present complaint; complainant has no locus standi to file the present complaint; complaint is bad for non joinder and mis-joinder of necessary parties and on merit it has been admitted that Ms. Amandeep Kaur took admission in the B.Sc. (Medical) 1st semester for the session 2013-14 and deposited Rs. 9953/- as admission fee vide receipt No. 27 dated 01.07.2013 (Annexure C-2) in the college of the OPs and also deposited an amount of Rs. 35100/- on account of hostel charges vide receipt no. 410 dated 02.07.2013 (Annexure C-1) and a  room No. 45 was allotted in the new building of hostel to her  but she left the college at her own sweet-will without any reasonable, cause and excuse, so, there is no relationship of consumer and supplier between the parties. It has been further mentioned that allegations regarding quality of food are totally false, baseless and have been leveled just to defame the reputation of the OPs Institution. No such complaint is received by the warden of the hostel either from any student who was residing in the hostel nor from the daughter of the complainant. The OPs Institution is providing best quality of food to the 650 students who are residing in the hostel as well as faculty member of the college. Lastly, it has been mentioned that daughter of the complainant has given contradictory statement in this complaint and that of her application for refund of fee. The college of the OPs is governed by the rules and regulations of the University in the financial matter and there is no provision of refund of fee after registration of the students with the University. The seat of the college as well as hostel remained vacant due to cancelation of admission of Ms Amardeep Kaur daughter of the complainant. Lastly, prayed for dismissal of complaint as there is no deficiency in service or unfair trade practice on the part of OPs.

4.                     To prove the case, counsel for the complainant tendered into evidence affidavit of complainant as Annexure CX and photocopies of documents such as receipt dated 02.07.2013 amounting to Rs. 35100/- as Annexure C-1, Copy of receipt dated 01.07.2013 as Annexure C-2, Copy of receipt depositing fee in bank as Annexure C-3, Copy of letter regarding cancellation of admission dated 27.08.2013 as Annexure C-4, Copy of refund application as Annexure C-5, Postal receipt as Annexure C-6, Copy of legal notice dated 23.09.2013 as Annexure C-7, Postal receipt and Acknowledgement as Annexure C-8 & C-9 and closed the evidence on behalf of complainant.

5.                     On the other hand, counsel for the OPs tendered into evidence photo copy of one page showing hostel rules as Annexure R-1 and closed his evidence.

6.                     We have heard the learned counsel of both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

7.                     It is not disputed that the daughter of the complainant Ms. Amandeep Kaur took admission in B.Sc. Medical 1^st Semester in the year 2013-14. The only version of the complainant is that as the quality of food provided in the Mess of the OPs institution was not so good, so, the daughter of the complainant decided to leave the college and due to that on 27.08.2013 she had got cancelled her admission and while leaving the college she requested to refund the hostel fee but the OPs refused to refund the same which constitute deficiency in service on the part of the OPs and prayed for acceptance of complaint.

8.                     On the other hand, counsel for the OPs argued at length that false allegations have been leveled by the complainant just to get the refund of the hostel fee whereas no truth is attached with the facts mentioned in the complaint. Learned counsel for the OPs draw our attention towards the hostel rules (Annexure R-1) wherein it was so recorded at serial No.8 “ that fee of any kind once paid will not be refunded.” and argued that as per these terms and conditions, the complainant is not entitled to get any refund and requested for dismissal of complaint.

9.                     After hearing both the parties, we are of the considered view that there is a deficiency in service on the part of OPs. Although the complainant has failed to prove any allegation mentioned in the complaint that food provided by the Ops institution was of poor quality and due to that her daughter suffered serious ailment as alleged in the complaint even then the plea of the OPs that due to leaving of the college or hostel by Amandeep Kaur, the seat as well as room of the hostel remained vacant is not tenable as no such cogent evidence has been placed on file to prove the same. No doubt as per Annexure R-1, fees once deposited was not refundable but this fact cannot be ignored that Ms Amandeep Kaur remained in the hostel only for 2 months i.e. from the date of admission i.e. 01.07.2013 to 27.08.2013 and in the absence of any evidence, it cannot be said that the room vacated by the daughter of complainant was not filled by any other candidate and due to withdrawal of candidature by the complainant, the OPs College have suffered any financial loss.  Further, the arguments advanced by the counsel for the OPs on the point that this Forum have no jurisdiction as the complainant does not fall under the definition of consumer is also not tenable as in the present case the matter is related to the refund of hostel fee not for the college free. Taking into consideration the facts of the present case and to avoid further litigations, we are of the opinion that equity demands that OPs should have refunded the some hostel fees out of total deposited fee by the complainant. As such the complainant is entitled for some relief.

10.                   Resultantly, we partly allow the complaint of complainant and direct the OPs to refund the hostel charges of Rs. 25000/- out of Rs. 35,100/- within a period of 45 days failing which the complainant shall also be entitled to get the interest at the rate of 6% per annum for the defaulting period.  Order be complied within a stipulated period of 45 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court.

Dated 21.11.2016.

                                                                                      (ASHOK KUMAR GARG )

                        (S.C.SHARMA )                                       PRESIDENT

                        MEMBER.