Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          In present complaint complainant allegation is that his son was admitted in Camellia Institute of Technology (CIT) on 02-08-2011 and deposited a sum of Rs.47,500/- in the 1^st year of Electronics & Communication Engineering Course of the Institute vide his Roll No.JEM 110113018 and the classes to begin on 23^rd August, 2011 of that course for the session 2011-2012.

          Thereafter, on 22^nd August, 2011, the complainant had informed the OP1 via e-mail to withdraw and cancel the said admission because his son had chosen to join B. Arch. under Mahatma Jyoti Rao Phoole University, Jaipur, Rajasthan and prayed for refund of the money deposited on account of admission and also he wanted to get back the original transfer certificate/school certificate along with Migration Certificate which were submitted by him for verification at the time of admission of his son but the same were retained by the OP.  it is also stated by the complainant that he visited the office of the OP on several occasions and made written requests to get back his son’s original certificates/testimonials etc. and for refund of money deposited by him.  But he was called in for discussion by the OP/Institution for settlement of the issue and in the office of the OP institution, the Director of the said Institution insisted and forced the complainant to give an undertaking stating that the complainant would not claim any refund of fees, or else all the original documents/certificate be retained and the Director further threatened to file a suit against the complainant for Rs.3,00,000/- or so for making loss to the management due to withdrawal of the student i.e. his son.

          Fact remains under these compelling circumstances the complainant gave the undertaking in presence of the Director of the Institute that he would not claim the refund of fees anymore and thereafter, all original documents/certificates of his son were returned by the OP, but the money which was paid towards the fees for admission was not returned by them.  As per complainant, the aforesaid act on the part of the OP is clearly unbecoming of an educational Institution which is supposed to impart education to the students and to convert them into good and responsible citizen.  Moreover, the aforesaid acts on the part of the OP is clearly an act of deficiency in service and unfair trade practice adopted by them as they are simply running the business of squeezing money from the people at large in the guise of running an educational institution.

          Finding it difficult to get back the entire deposited money, the complainant served legal notice dated 12-07-2013 addressed to the OPs who agreed to refund the deposited caution money only but refused to refund the admission fees etc.  Hence, this case.

          Whereas OPs by filing written statement submitted that the said student secured admission in the two institutes under affiliation of two different universities at his own choice and responsibility in the same Academic Year.  It is stated that the complainant in its application which was received by the OP on 23-08-2011 made its submission that he has no financial claim in future, while received the certificate/documents from them.  Now, due to such act on the part of the complainant, the institute put in trouble for financial loss in rest of the semesters for 4(four) years course since the OP/Institute is a self-financing Institute and due to drop out the son of the complainant, the entire plan programming is vitiated and even in the said academic sessions the Institute run with shortage of number of students and as per AICTE norms number of intake in each course restricted to 60 students but 59 students admitted during that year in the said course.  But out of the above, total drop out students of that session 2011-2012 for that particular course stood for 8 students shown as per statement annexed – ‘A’ and for each drop out student, the OP have to bear loss for rest of the 7 semester of 4 years duration course.  As such, the oPs prays for dismissal of the case.

Decision with Reasons

On proper evaluation of the materials on record it is found that the son of the complainant was admitted in the 1^st year of Electronics and Communication Department of the Institute vide its Roll No.JEM 110113018 of OP/Institute and deposited a sum of Rs.32,300/- as per receipt and the session would begin from 23^rd August, 2011 but the complainant 22^nd August, 2011 i.e. one day before the commencement of classes in the institution, informed via e-mail that he wanted to cancel/withdraw his son from the OP/Institution because his son had chosen to join B.Arch. under Mahatma Jyoti Rao Phoole University, Jaipur, Rajasthan and accordingly he wanted to get back the original transfer certificate/documents lying to the OP and asked for refund of money from them.

          But the complainant after several persuasions and also sending letters to the OP asked to OP to return and refund who agreed to return the documents to the complainant but they forced him to give an undertaking stating that he would not claim any refund of the fees from the OP/Institute what he complied as per instruction of the OP.

          Fact is that in such a compelling circumstances to get back the original certificate/testimonials, he was compelled to give such undertaking as instructed by the Director of the Institute who also threatened him that a suit for recovery of compensation amounting to Rs.3 lakhs would be filed as a result of withdrawal his son and such an act on the part of the OP is unbecoming of an educational institution and is an act of coercive method as adopted by them.

          However, as per complaint the OP/Institute against complainant’s legal notice dated 12-07-2013, agreed to refund the caution, money only but the complainant is entitled to get back the admission fees etc. also from them.

          Fact remains in this case complainant himself was admitted in the said college as per gradation list of JEE and at the time of counseling he selected the college and that was marked and at that place he paid Rs.15,000/- to the Association of Professional Academic Institutions, West Bengal vide receipt No.19575 on 29-07-2011 and in respect of that Rs.15,000/- complainant is not entitled to get any refund as per West Bengal JEE Boards Authority.  Another factor is that complainant paid Rs.200/- for Student’s Council of Camellia Institute of Technology and that amount cannot be returned because it is the fund of the Students’ Council of the said Institute but not of the College.  Further it is found that actually Camellia Institute of Technology received Rs.32,300/- that is for admission Rs.4,000/-, Caution Deposit Rs.5,000/-, Tution Fees for 1^st Semester Rs.20,000/-, Library Fees Rs.1,000/-, Laboratory Fees Rs.2,000/- and Special Projects Rs.300/-.  Now, question is whether the OP in anyway deceived the complainant as student but in this regard we have gathered that OP College did not deceive the student but after getting admission in this college in any way as per JEE rules and after selecting through the Council of JEE he was admitted to the college and invariably complainant paid Rs.32,300/- to the said College as admission fee and other charges.  But he was hunting for another course and in the meantime he got chance any another study in B.Arch. under Mahatma Jyoti Rao Phoole University, Jaipur, Rajasthan when he found that a better course, so he reported the College he was not willing to continue the studies.  So, it is clear that complainant withdrew himself from the set college and for which OP had no fault. 

          In this regard we have relied upon the judgment of Hon’ble Supreme Court wherein it is observed, if any student without any allegation against the Institution withdraw himself or herself from any course after admission he is not entitled to any compensation or total amount but out of that non-refundable amount shall be deducted including service charge etc. and adopting that observation of the Apex Court in different ruling we are allowing this application but directing the OP to refund Rs.28,000/- only in favour of the complainant, Maddu Sharvan Murali but not giving any other relief and thus the complaint succeeds in part.

Hence,

Ordered

That the case be and the same is allowed in part against OPs with a cost of Rs.1,000/-(Rupees One thousand only).

          OPs to pay a sum of Rs.28,000/- (Rupees Twenty-eight thousand only) in the name of the complainant Maddu Sharvan Murali by issuing a demand draft or pay order of any Bank and send it to the address of the complainant by Regd. Post with A/D/Speed Post and in all respects the OPs shall have to comply this order within 30 days from the date of this order, failing which each for day’s delay a sum of Rs.200/- shall be assessed as penal interest till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.

          In the event of disobeyance of this order, penal proceedings shall be initiated against the OPs for which they shall be liable.