Delhi

East Delhi

CC/864/2013

SHIV SHANKAR - Complainant(s)

Versus

DELHI TECH. CAMPUS - Opp.Party(s)

30 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 864/13

 

Shri Shiv Shankar (Deceased)

Through LRs

1. Smt. Raj Dulari, W/o Late Shri Shiv Shankar
2. Ms. Aradhana, D/o Late Shri Shiv Shankar
3. Shri Madhusudan, S/o Late Shri Shiv Shankar
4. Shri Shyam, S/o Late Shri Shiv Shankar
5. Shri Balram, S/o Late Shri Shiv Shankar

All at R/o C-II, 28-J

New Ashok Nagar

Delhi – 110 096                                                           ….Complainant

Vs.

The Chairman

Delhi Technical Campus

4^th Km. Stone, Bahadurgarh-Badli Road

Near Sector-13, Naya Gaon, Bahadurgarh

District Jhajjar, Haryana - 124507                                    ….Opponent

 

 

Date of Institution: 15.10.2013

Judgment Reserved on: 30.03.2017

Judgment Passed on: 07.04.2017

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

 

JUDGEMENT

 

The present complaint has been filed by Shri Shiv Shankar against the Chairman, Delhi Technical Campus (OP) with allegation of unfair trade practice and deficiency in services.

2.       Briefly stated the facts of the present complaint are that the son of the complainant took admission in B.Tech (Mechanical) offered by OP, after paying Rs. 55,000/- vide cheque no. 610031 dated 09.08.2013, drawn on Indian Overseas Bank, Branch Vasundhara.  The complainant has stated that at the time of payment, the son of the complainant was assured that he shall be attending classes in Delhi college, but later on he was informed that OP had only one campus, which was in Bahadurgarh.  It is stated that the said campus was 60 km. away from his residence, which consumed lot of time and money in commuting.  It is further stated that the son of the complainant became seriously ill due to the distance and time required to reach college.   The son of the complainant requested for transferring his seat to Delhi branch or refund of fees after deducting tuition fees for two days.  OP neither transferred admission to any Delhi branch nor refunded the amount after deductions.  The complainant has annexed receipt dated 09.08.2013 issued by OP, photocopy of list of original documents, prescription of the son of the complainant, copy of ration card and copy of statement of account of Indian Overseas Bank with the complaint.

3.       OP filed their reply after the notice of the complainant was served upon them, where they took the plea that it was clearly mentioned on their official website as well as on the brochure that the college campus was at 4^th Km. Stone, Bahadurgarh-Badli Road, Near Sector-13, Naya Gaon, Bahadurgarh, District Jhajjar (Haryana)-124507 and branch office at Plot no. 3, 1^st Floor, Near Metro Pillar 316, Inder Enclave. Main Rohtak Road, Peera Garhi, Delhi – 110 087.

          It was further stated that the son of the complainant had attended 4-5 classes during August/September after which the said seat was vacant, thus the complainant was not entitled to refund of fees as per notice issued by AICTE vide no. AICTE/DPG/06(02)/2009.  Rest of the contents of the complaint were denied.  Copy of brochure/advertisement material, admission form, schedule of session, notice dated 16.08.2013, attendance record and public notice Advt. No. AICTE/DPG/06(02)/2009 annexed with reply.

4.       During the pendency of the complaint, the complainant expired, thereafter his LRs were brought on record.  Opportunity was granted to both the parties to file complaint and reply.   

5.       Rejoinder was filed by the complainant, where the contents of the reply filed on behalf of OP were denied and those of the complainant were reiterated. 

6.       Evidence by way of affidavit was filed by both the parties.  Complainant examined Shri Balram, complainant no. 5, who reiterated the contents of the complaint on oath and exhibited Ex.CW1/1 to Ex.CW1/3, the documents annexed with the original complaint.

          OP examined Shri Pravesh Lakra, Chairman, Delhi Technical Campus, who stated on oath the contents of the reply.  Reliance was placed on Brochure (Ex.OP1/1), admission form (Ex.OP1/2), list of addresses on college website (Ex.OP1/3), schedule issued by Haryana State Technical Education Society (Ex.OP1/4), notice for commencement of classes (Ex.OP1/5) attendance sheets (Ex.OP1/6 to Ex.OP1/8) and guidelines issued by AICTE (Ex.OP1/9 to Ex.OP1/10).  It was also stated that the complainant no. 5 had suddenly stopped attending classes and had sought refund on 30.09.2013 i.e. after the commencement of classes.

7.       We have perused the material placed on record.  OP has placed form duly signed by complainant no. 5, which bears campus address as 4^th Km. Stone, Bahadurgarh-Badli Road, Near Sector-13, Naya Gaon, Bahadurgarh, District Jhajjar (Haryana)-124507.  All the brochures filed by OP bear the above mentioned address as campus address.  Thus, complainant cannot take plea that he was not aware of the campus location, once he has signed the application form.  The complainant  in his original complaint has averred that his son i.e. complainant no. 5 became ill due to the distance and time required for traveling from his home to college to attend classes. 

          It is settled principle of law that once the complainant has attended classes, he cannot seek refund from OP.  In the present complaint, the complainant had attended classes, which is proved by attendance sheet placed on record by OP. 

          Thus, the complainant is only entitled to Rs. 5,000/- caution money refundable as per Ex.CW1/1.  Thus, OP is directed to refund   Rs. 5,000/- alongwith 9% interest from the date of filing till realization.  We also award Rs. 3,500/- as compensation as OP did not refund the caution money.  The said order be complied within 30 days.        

Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                 (HARPREET KAUR CHARYA)

Member                                                                   Member            

     

 

 

      (SUKHDEV SINGH)

             President