BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION :HYDERABAD

F.A.No.1038/2007  against C.C.No.797/2006, Dist.Forum-II,Hyderabad. 

Between:

Laxmi College  of Nursing,

represented by  Managing Director ,

Yashoda Hospital, Malakpet,

Hyderabad.                                                 …..  Appellant/

                                                                        Opp.party   

          And

Kum.D.Blessina Thammaye 

represented by

her natural guardian  Sri D.A.A.Jyaprakash,

S/o.Late D.S.Benjamin, aged about 50 years,

Quarter No.B.9/213 NTPC PTS Jyothinagar Post,

Ramagundam Mandal,

Kareemnagar District – 505 215.                        ….  Respondent/

                                                                          Complainant    

Counsel for the Appellant        : M/s.Smt.P.Niveditha Reddy   

Counsel for the Respondent     :                -  

     CORAM: SMT. M.SHREESHA, HON’BLE MEMBER,

AND

SRI K.SATYANAND , HON’BLE MEMBER.

                   MONDAY, THE EIGHTEENTH  DAY  OF JANUARY

TWO THOUSAND TEN.

Oral Order (Per  Smt M.Shreesha, Hon’ble Member)

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            Aggrieved by the order in C.C.No.797/2006 on the file of District Forum-II, Hyderabad,  the opposite party preferred this appeal.

        The brief facts as set out in the complaint are that the complainant  was allotted a seat  under Government quota   in opposite party college  during the academic year 2005-06  to study B.Sc.  nursing course which  is for four years   and she paid part of the admission fee  of Rs.27,500/-   to the opposite party on 22.8.2005.      The complainant submits that the  opposite party collected an amount of Rs.8,640/-   towards extra charges and did not  issue  any receipt and in all  the opposite party collected an amount of Rs.36,140/-  from the complainant  and thereafter the complainant got a seat in B.Sc (Nursing) NIMS Hospital , Punjagutta, Hyderabd  and she  requested the  opposite party   college authorities to refund the amount which she paid  along with original certificates.  The complainant   addressed  a letter dt.17.9.2005  to the opposite party   to return the original certificates and refund the fee  but there was no response.  Inspite of several requests, the opposite party college authorities did not refund the fees but returned the original certificates.  The complainant also got issued a legal notice dt.11.8.2006  for which the  opposite party issued a reply on 1.9.2006 denying that  they are liable to refund the fees.   Hence the complaint seeking direction to the opposite parties to pay an amount of Rs.36,140/- together with interest, compensation and costs.

        The opposite party filed counter stating that the complainant paid  part of the admission fee  of  Rs.27,500/-  on 22.8.2005   for the academic year 2005-06  but denied that the complainant paid Rs.8,640/-   towards uniform, mess and other  charges. The opposite party explained to the complainant that the admission fee cannot be refunded since the opposite party is  being deprived the  allotment of seat and fees of four years. The complainant signed the allotment letter  and should have  withdrawn before 31.8.2005   for her seat to be given to another candidate.  The opposite party college is  governed by  rules of N.T.R.University  and had the complainant  approached the Registrar of University before 31.8.2005   they could have admitted another student but the complainant attended the college from 1.9.2005  to 14.9.05  and thereafter left the college without information  and on 17.9.05 her father approached the college and asked for return of the certificates  which the college promptly returned but did not refund the fees since the candidate did not withdraw the seat before 31.8.2005. The complainant is responsible for depriving the opposite party  of collecting the total fee of Rs.1,80,000/-  for a period of four years and hence there is no deficiency in service on their behalf. 

        The District Forum based on the evidence adduced i.e. Exs.A1 to A6  and Exs.B1 &  B2  allowed the complaint  partly directing   the opposite party to pay Rs.8,640/-  and compensation of Rs.10,000/-  along with costs of Rs.1000/- to  the complainant. 

        Aggrieved by the said order, the opposite party preferred this appeal.        

        The facts not in dispute are that the complainant joined the college of the opposite party  in B.Sc nursing course for the academic  year 2005-2006  and paid  an amount of Rs.27,500/-   on 22.8.2005   vide Ex.A1.  It is also not in dispute that this nursing course is for a period of 4 years  and it is the complainant’s case that the opposite party also collected an amount of Rs.8,640/- towards extra charges i.e. towards mess,  uniform etc. but did not issue any receipt.  It is not in dispute  that the complainant got seat in B.Sc. , NIMS Hospital  and requested the opposite party authorities to return the original certificates and  refund the fee amount for which request the opposite party returned the original certificates but did not refund the fees.  It is the case of the appellant/opp.party   that their  college is governed by NTR university  of  Health Sciences  Rules and   had the complainant  withdrawn the seat before 31.8.2005   and informed the same, the college would not have lost an opportunity  to  admit another student.  In the instant case the complainant had attended   the classes from 1.9.2005  to 14.9.2005  and thereafter withdrew thereby  depriving  the college of admitting another student and collecting Rs.1,80,000/- towards fee for four years.  The learned counsel for the appellant/opposite party also contended in   their  grounds that an amount of Rs.8,640/-  was never collected from the complainant and that the District Forum  has erred in awarding this  amount when there was no receipt  issued by the appellant.  On perusal of the material on record it is observed that though there is no receipt for Rs.8,640/- but   there is an admission in  para 4 of the counter  that this amount of  Rs.8,640/-  was collected by some other agency and that as a matter of fact  the amount collected for purchase of books, uniform and mess charges cannot be refunded because  the complainant used the books uniform and utilized the services of hostel.   The complainant had  already foregone  the fees paid i.e. Rs.27,500/-   and the act of the opposite party in not refunding the amount paid towards uniform and books  when she has withdrawn from the college, amounts to deficiency in service.  However  the compensation of Rs.10,000/-  awarded by the District Forum is excessive and we reduce the same to Rs.5000/- while  confirming the rest of the order of the District Forum. 

        In the result  this appeal is allowed in part reducing  the compensation from Rs.10,000/- to Rs.5000/-  while confirming   the rest of the order of the District Forum.  Time for compliance four weeks.                                     

                                                            MEMBER

                                                             MEMBER

                                                             Dt. 18.1.2010

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