Karnataka

Bangalore 4th Additional

CC/1661/2017

Kum Archana J, - Complainant(s)

Versus

Dayananda Sagar University College of Pharmaceutical Sciences, - Opp.Party(s)

30 Jul 2019

ORDER

Complaint Filed on:21.06.2017

Disposed On:30.07.2019

                                                                              

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

 

 

    DATED THIS THE 30^th JULY OF 2019

 

PRESENT

SMT.PRATHIBHA. R.K., BAL, LLM - PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

                          

                      

Complaint No.1661/2017

 

 

 

COMPLAINANT

Kum.Archana J, D/o M.Jayaramappa M, Aged about 19 years, #16, 25th Main Road, Girinagar, Bangalore – 560 085.   And also at   No.109, Nayandahalli, Mysore Road, Bangalore – 560 039.     Advocate – Sri.Jayaramaiah         V/s

OPPOSITE PARTies

1) Dayananda Sagar University College of Pharmaceutical Sciences, Shavige Malleshwara Hills, Kumaraswamy Layout, Bangalore – 560 078.   Represented by its Chairman.   2) Mr.Premchandra Sagar, Chairman, Dayananda Sagar University College of Pharmaceutical Sciences, Shavige Malleshwara Hills, Kumaraswamy Layout, Bangalore – 560 078.   3) The Principal, Dayananda Sagar University College of Pharmaceutical Sciences, Shavige Malleshwara Hills, Kumaraswamy Layout, Bangalore – 560 078.

                                       

 

O R D E R

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

            This complaint is filed by the Complainant against the Opposite parties (herein after called as OPs), under section 12 of the Consumer Protection Act, 1986. The Complainant prays to direct the OPs to pass an award for refund of amount of Rs.50,430/- together with interest @ 24% from the date on which the said amount was paid to the OP till the date of realization, to pay cost, expenses, damages and grant such other reliefs.

 

2. The brief facts of the complaint is as under:

 

Complainant submitted that the Karnataka Examination Authority, Government of Karnataka has conducted a Common Entrance Test to the professional courses for the year 2016-17.  The complainant has appeared in the Common Entrance Test conducted by the Karnataka Examination Authority for the professional courses for the year 2016-17 and secured Rank No.23823 in medical, Rank No.57558 in ISM & H, Rank No.24471 in BVSc and Rank No.32804 in Pharmacy.  Complainant further submitted that she was allotted a free seat by Common Entrance Test Cell in the OPs college for B-Pharmacy and even then the OPs had collected a sum of Rs.50,430/- towards tuition fee, Academic fee and University fee and for which the opposite partners had issued three separate receipts dated 29.07.2016.

 

Complainant further submitted that she has appeared before the CET cell for final counseling and during the said counseling, she was allotted a free seat in Dental in the Vydehi Institute of Dental Sciences and Research Centre, Bengaluru.  After allotment of free seat in the said institute, she has joined to the Vydehi Institute of Dental Sciences and Research Centre by paying requisite fee.  Complainant further submitted that she has requested OPs through a letter dated 13.10.2016 to refund the above said amount of Rs.50,430/- collected by OPs.  Complainant submits that the OPs had collected the original receipts stating that they will refund the amount after necessary approval.  But after collecting the original receipts from the complainant, the OPs have not refunded the said amount of Rs.50,430/- inspite of repeated requests and demands and also personal visits made by the complainant.

 

Complainant further submitted that as the OPs had not bothered to refund the above said amount, which is clear deficiency of service on their part and also unfair trade practice on the part of the OPs.  Complainant got issued legal notice dated 06.01.2017 by calling upon the OPs to refund the amount of Rs.50,430/- together with interest @ 24% p.a.  The said notice was duly served upon the OPs on 07.01.2017.  However, the OPs inspite of receipt of the notice, have not bothered to refund the amount of Rs.50,430/-.  Hence the complainant filed this complaint.

 

3.      After service of the notices, representative of OPs by name Sri.Udayakumar Shetty, Chief Financial Officer, appeared on behalf of OPs and filed objections stating that complainant qualified in CET and secured a seat in B Pharma for the Academic year 2016-17.  As per the admission procedure prescribed by the Government, she has paid the prescribed tuition fee at CET cell during the counselling and approached the Dayananda Sagar College of Pharmaceutical Sciences with a seat allotment by the CET cell.  At the time of admission on July 29, 2016 complainant paid Rs.50,430/- which includes academic fee and examination fee.  The OPs further submitted as per the normal procedure, students after having secured a seat for a particular program will wait for a few more rounds of counselling at CET cell before seeking admission in a particular college for a particular program.  In all such cases, students do not report to the college and complete the admission formalities.  However, some students get report to the college and get admitted after completion of the admission formalities.  In the instant case complainant got herself admitted after completing the admission formalities like submission of documents etc.  Later since complainant got a set of her choice through the next round of CET counselling, she withdrew her admission and sought refund of the fee paid at OP College.

OPs submitted that as per the OPs college policy the OPs refunded the fee paid by the complainant to the extent of Rs.45,430/- on 09.03.2017 by deducting Rs.5,000/- as per the refund policy of the OPs University.  The said amount has been transferred by way of RTGS through Vijaya Bank, DSI Campus, Kumaraswamy Layout, Bangalore to the complainant’s bank account.  Hence the claim settled in full as per the applicable policy of the University.  Hence there is no deficiency of service on the part of OPs.  Hence OPs prayed for dismissal of the complaint with exemplary cost.   

 

 

4.      In the course of enquiry into the complaint, the complainant has filed his affidavit evidence reproducing what he has stated in his complaint.  OPs have not file the affidavit evidence.  The complainant has produced written arguments.  The complainant has produced documents along with complaint.  We have heard the arguments of and we have gone through the oral and documentary evidence of complainant scrupulously.

 

 

5.      Based on the above materials, the following points arise for our consideration; 

 

1) Whether the Complainant prove the deficiency in
             service on the part of the OPs, if so, whether she is
             entitled for the relief sought for?

 

           2) What Order?

 

6. Our findings on the above points are as under:

 

Point No.1:  In the Negative

Point No.2:  As per the order below

 

 

REASONS

 

7. Point No.1: It is an admitted fact that, the complainant has allotted a free seat by Common Entrance Test cell in the OPs College for B-Pharmacy.  For that complainant has paid Rs.50,430/- towards tuition fee, academic fees for the year 2016-17.  The contention of the complainant is that, the complainant allotted a free seat in Vydehi Institute of Dental Sciences and Research Centre, Bengaluru.  After allotment of free seat in the said institution the complainant approached the OPs on 17.10.2016 seeking for refund of amount of Rs.50,430/- collected by OPs.  Till today OPs have not refunded the said amount.

 

8. Per contra OPs filed version along with documents stating that they have refunded the amount of Rs.45,430/- to the complainant’s account on 05.03.2017 through RTGS.  In this regard OPs have produced RTGS details of the complainant.  On perusal of the account statement given by Vijaya Bank, it clearly shows that on 09.03.2017 DSU credited Rs.45,430/- to the complainant’s Account No.140701111000723 (Cust ID:101995800).  Admittedly the complainant requested for refund of amount on 07.10.2016 i.e., before filing of the complaint.  OPs submitted that, as per the college policy the OPs have deducted Rs.5,000/- out of Rs.50,430/- fees paid and refunded the amount of Rs.45,430/- on 09.03.2017 itself.  OPs have acted as per the rules and regulations of the college policy.  Viewed from any angle the complaint filed by the complainant is lacking merits and liable to be dismissed as there is no any laxity on the part of OPs.1, 2 & 3 much less deficiency of service.  Accordingly we answered point No.1.

 

          9. Point No.2: In the result, we passed the following:         

 

               

  O R D E R

 

 

 

The complaint filed by the complainant is dismissed.  Looking to the circumstances of the case, we direct both the parties to bear their own costs.

 

Supply free copy of this order to both the parties.

 

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this, the 30^th day of July 2019)

 

 

 

(ROOPA.N.R)       MEMBER

(PRATHIBHA.R.K)    PRESIDENT

 

 

1. Witness examined on behalf of the complainant by way of affidavit:

 

Kum.Archana J. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Ex-A1	Copy of receipt dated 29.07.2016 for Rs.4,500/-.
Ex-A2	Copy of receipt dated 29.07.2016 for Rs.24,500/-.
Ex-A3	Copy of receipt dated 29.07.2016 for Rs.21,413/-.
Ex-A4	Copy of letter dated 13.10.2016.
Ex-A5	Copy of admission order to professional colleges dated 27.07.2016.
Ex-A6	Copy of legal notice dated 06.01.2017.
Ex-A7	Photocopies of three RPAD receipts.
Ex-A8	Photocopies of three RPAD cards.

 

 

Copies of Documents produced on behalf of OP/s:

 

 

Annexure-1	Copy of RTGS details of the complainant.
Annexure-2	Copy of Bank statement.
Annexure-3	Statement of account from 09.03.2017 to 22.11.2017.

 

 

 

(ROOPA.N.R)       MEMBER

(PRATHIBHA.R.K)    PRESIDENT

 

 

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