Haryana

Charkhi Dadri

165

Aman - Complainant(s)

Versus

Delhi Institute of Technolgy and Management - Opp.Party(s)

Manoj Yadav

07 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI

Consumer Complaint No. :    165 of 2021

                                                Date of Institution:                 26.07.2021

                                                Date of Decision   :                 07.05.2024

Aman aged 21 years son of Anil Kumar, resident of village Kamod at present Ghikara Road, Charkhi Dadri, Tehsil and District Charkhi Dadri.

                                                                                      ... Complainant.

                                                Versus

1.       Delhi Institute of Technology & Management, College campus: NH 1 Gannaur, Sonipat (NCR) (30 min. drive from Delhi Border) through Managing Director.

2. Delhi Institute of Technology & Management, College campus: NH 1 Gannaur, Sonipat (NCR) (30 min. drive from Delhi Border) through Secretary/Authorized Signatory.

                                                                             ...Opposite parties.

COMPLAINT UNDER THE CONSUMER PROTECTION ACT

BEFORE:  HON’BLE MR. MANJIT SINGH NARYAL, PRESIDENT

                   HON’BLE SH. DHARAM PAL RAUHILLA, MEMBER

Present:      Sh. Manoj Kumar Yadav, Advocate for complainant.

                   Sh. Ashok Jangra, Advocate for the Opposite parties.

ORDER:

1.           Alleging deficiency in service on the part of opposite parties, complainant has filed this complaint with the averments that the complainant took admission in the Delhi Institute of Technology & Management for B.Tech (CSE) on 25.07.2019 and also deposited the amount of Rs. 97,100/- through receipt no.10363 & 10379. It was submitted that on 03.08.2019, the complainant sent a mail at email Id of institute i.e. admission @ditmcollege.com and said that “Please cancel my admission and refund my fees” and complainant also called the college and repeated the above request and college authority informed that complainant’s admission shall be cancelled and his deposited amount of Rs. 97,100/- would be returned to him. However, no amount was paid to complainant upto now. It is averred that on 20.08.2019, complainant alongwith his mother Mrs. Suman wife of Sh. Anil Kumar visited the college and made application to refund the fees. The application was received by Sh.Ajmer Singh, official of OPs. Beside this another registered reminder dated 11.10.2019 was also sent. Moreover, various e-mails were sent at institute’s email Id for refund of the fees but nothing has been paid by the OPs. The aforesaid act of opposite parties amounts of deficiency in service and hence this complaint. It is prayed that the opposite parties be directed to make the payment of Rs.97,100/- along with interest @ 18% per annum till final realization and to pay Rs.50,000/- on account of mental agony suffered by the complainant and Rs.11,000/- for litigation expenses. Besides any other relief which this Commission may deem fit and proper.
2.           Notice was given to the opposite party which appeared and filed its reply. The opposite parties had submitted that at the time of admission in the college, the complainant gave an undertaking (in which Mrs.Suman mother of the complainant was witness), whereas it is clearly mentioned as under:-“

1. I am fully aware and agree to that the amount deposited for registration/admission is non refundable, non-adjustable, non claimable under any circumstances.
2. any withdrawal/cancellation after registration in aforesaid programme at institute with lead to the forfeiture of the fee deposited by me and no subsequent request for refund whatsoever will be entertained.

1. That I shall not claim for any refund.
2. To your college for the aforesaid programme in the event of-

1. If non passing of qualifying examination / 12^th class examination.
2. Discontinuation of the course due to my unforeseen circumstances.
3. Joining some other course and college due to any unforeseen circumstances.
4. Failing to comply with the formalities and requirement of admission eligibility as per university norms.
5. Incapability due to illness or physical injury etc.
6. Any other ground.”

Also the college receipt produced by the complainant himself, issued to him by the college, it is clearly mentioned on note no.2 that “fees once paid will not be refundable in any circumstances.”  The above facts were well within the knowledge and notice of the complainant.

3.           It is pertinent to mention here that this college is being run by “S.R. Educational & Welfare Trust”, trustees of which were previously Dr. Sanjay Nijhawan, Smt. Rachna Nijhawan and Smt. Sulochana Rani and the S.R. Educational &Welfare Trust got transferred vide supplementary deed dated 18.02.2020 by the Sanjeev Kumar Jain, Smt. Mamta Jain and Sh. Akhil Kmar Jain by amending the existing clause No.4.1 of the Trust Deed dated 31.08.2006 and the complainant got admission in the college in the month of August 2019. Hence, the opposite parties are not obligated to refund any fee to the complainant. The OPs has also submitted that the complainant be stopped by his own act and conduct to file the present complaint against OPs because the complainant himself got cancelled his admission from the college. In this way, the OPs are not responsible to refund the fee to the complainant. In the end, the opposite parties prayed for dismissal of the present complaint with special costs.
4.           In his evidence, the complainant has filed his affidavit Ex.CW1/A and documents Ex.C1 to Ex. C18 and closed the same on 21.06.2022.
5.           Sh. Deepak Kumar S/o Balbir Singh, DP, Physical Department has tendered affidavit Ex.RW-1/A and document Ex.R1 to Ex.R9 and closed the same on 01.02. 2023.
6.           We have heard argument advanced by the learned counsel for the parties and gone through the entire material on record thoroughly and carefully.
7.           From the evidence on record it is proved that the claimant had taken admission in Delhi Institute of Technology and Management and deposited amounting to Rs. 95,100/- on 25.07.2019 vide serial no. 10363 (Ex.C1) towards admission fee (Rs. 95,000/-) and others (Rs.100/-) and he also paid Rs. 2,000/- on 25.07.2019 vide serial no. 10379 (Ex.C2) towards prospectus fee. Thereafter complainant sent various emails on  03.08.2019, 14.08.2019, 27.09.2019, 21.06.2021 for refund of fees i.e. Rs.95,100/- + Rs. 2,000/- and mother of the complainant  also wrote letter for refund of  fees but the OPs did not pay any heed.

                   The complainant had produced during the course of arguments a letter dated 17.12.2020 issued by University Grant Commission (UGC), Ministry of Education, Govt. of India Bahadurshah Jafar Marg, New Delhi (Ex.C14) stating that:

"In order to avoid financial hardship being faced by the parents due to lockdown and related factors, full refund of fees be made on account of all cancellation of admissions/migration of students, up to 30.11.2020, for this very session as a special case. To be crystal clear, the entire fees including all charges be refunded in totality (Zero account of Cancellation Charges) on account of cancellation/migration up to 30.11.2020. Thereafter on cancellation/withdrawal of admission up to 31.12.2020, the entire fees collected from a student be refunded in full after deduction of not more than Rs. 1000/- as processing fee."

This letter is irrelevant in this complaint as admission was made much prior to breaking of COVID-19 in March,2020.

The complainant has also submitted UGC notification October 2018 on “Refund of fees and non-retention of original certificates” (Ex.C15) wherein refund is to be given in case of student chooses to withdraw from the programme of study. The relevant clause No. 4.1.3 of the said notification is reproduced below:-

“4.1.3. If a student chooses to withdraw from the programme of study in which he/she is enrolled, the institution concerned shall follow the following five tier system for the refund of fees* remitted by the student.

The complainant is entitled to refund of 100% fee paid as he had opted to withdraw from the programme and requested for cancellation of admission  and refund of fee paid before scheduled last date of admission i.e. request for refund of fee paid was made on 03.08.2019 and closing date for admission was 14.08.2019.

8.           In case titled as Pia Solution And Systems Ltd. Vs Daya Shankar Mishra (Dr.) (2007) CPJ 115 (NC) decided by National Commission it has been observed that on behalf of Ankit Mishra the respondent, Dr. Mishra had paid a total fees of Rs. 30,000/- for the course on 28.04.2002. However, unfortunately, respondent's son failed in the XII standard examination and thus became ineligible to sit for the IIT-JEE. The respondent informed the petitioner and demanded the refund of his money and on refusal by the petitioner a legal notice was served on him on 21.08.2002. Thereafter, a complaint was filed in District Forum, Delhi wherein the petitioner was directed to refund the admission fee of Rs. 30,000/- with interest @9%, compensation of Rs. 5,000/- for harassment and Rs. 3,000/- as cost of litigation. On appeal by the petitioner, the State Commission held that it was unfair trade practice to retain the amount and directed the petitioner to refund the admission fees of Rs. 30,000/- but set aside the compensation of Rs. 5,000/- and waived the interest. In the revision filed before the National Consumer Disputes Redressal Commission, New Delhi, it was observed by the National Commission that no service was provided but consideration was received by the petitioner which an unfair trade practice and considering the petitioner as an educational institute. It was held by the National Commission that the petitioner was guilty of deficiency in service and also held that the petitioner adopted unfair trade practice in retaining the fees paid by the respondent without rendering any service. It was further held that the State Commission rightly set aside the interest and compensation of Rs. 5,000/- and directed them to refund of Rs. 30,000/- to the respondent. It was further held that was no jurisdictional error or infirmity in the order of the State Commission for them to interfere and the National Commission affirmed the same.

9.           In similar circumstances, in cases reported as Sehgal School of Competition Vs. Dalbir Singh, 2009 (3) CPR 363 (NC), M/s Brilliant Tutorials Vs. A.K. Bhaduria decided on 26.08.2009 by State Consumer Disputes Redressal Commission, Delhi, 1 (2009) CPJ 3 (NC) Nipun Nagar Vs. Symbiosis Institute of International Business and II (2016) CPJ 35 (NC) Sri Chaitanya Educational Institution Vs. Govind Prasad Rath, orders of refund of admission fees paid by the complainant were upheld.
10.           In the present case, there is no cogent and reliable evidence on record that the seat left by the complainant remained vacant throughout the year and it was put to any loss. Admittedly, no service has been provided by the opposite parties but it has received the consideration in the shape of admission of college fees amounting to Rs. 95,100/- and Rs.2,000/- towards prospectus fees The present case is squarely covered by the law laid down in the abovesaid cases. Also in terms of clause 4.1.3 of UGC notification in October 2018 the complainant is entitled  to get 100% refund of the fee paid as request for withdrawal from the programme first made vide email dated 03.08.2019, 10:33 PM (Ex.C3) sent at
11.           In view of the above discussion, this complaint is allowed and an award  is passed against the opposite parties directing them to refund Rs.95,100/-  with interest @ 6% per annum from the date of filing of complaint till its realization, Rs.5,000/- (Five thousand only) for mental agony and Rs.5,000/- (Five thousand only) for litigation expenses. The opposite parties are directed to comply the order jointly and severally within 45 days from the date of this order. Copy of this order be supplied to the parties free of cost. File be consigned to record room after due compliance.    

Announced on: 07.05.2024