BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.
Complaint no.204/14.
Date of instt.: 09.10.2014.
Date of Decision: 04.01.2016.
Himani D/o Ram Bhaj, resident of Kaithal, Tehsil & Distt. Kaithal.
……….Complainant.
Versus
1. Director, HCTM Technical Campus, Kaithal, Tehsil & Distt. Kaithal.
2. Principal, HCTM Technical Campus, Kaithal, Tehsil & Distt. Kaithal.
..……..Opposite Parties.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before: Sh. Jagmal Singh, President.
Sh. Rajbir Singh, Member.
Smt. Harisha Mehta, Member.
Present : Sh. Vishnu Dutt Sharma, Advocate for complainant.
Sh. Anurag Gupta, Advocate for the opposite parties.
ORDER
(HARISHA MEHTA, MEMBER).
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he had given advanced Rs.21,000/- (Rs.1,000/- on 10.07.2013 and Rs.20,000/- on 11.07.2013) to the Ops for admission in the college but the complainant did not take the admission and requested to refund the admission fee of Rs.21,000/. It is alleged that the Ops refunded the amount of Rs.7,000/- to the complainant by cheque. It is further alleged that the complainant also issued legal notice upon the Ops but the Ops did not refund the remaining amount to the complainant. This way, the Ops are deficient in service. Hence, this complaint is filed.
2. Upon notice, the opposite parties appeared before this forum and filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; jurisdiction; estoppel; that the complainant has concealed the true and material facts from this Forum; that the complainant has concealed the true and material facts from this Forum. There is no deficiency in service on the part of answering Ops. On merits, it is stated that at the time of admission, the father of complainant himself submitted and given undertaking that in case of withdrawal/cancellation of admission for any reason, the complainant shall have not claim for the refund of the entire amount of tuition, college and hostel dues once paid. However, the college has already refunded the security amount to the complainant. The other contents of complaint are denied and so, prayed for dismissal of complaint.
3. In support of his case, the complainant tendered in evidence affidavit Ex.CW1/A and documents Annexure C1 to C3 and closed evidence on 07.08.2015. On the other hand, the Ops tendered in evidence affidavit Ex.RW1/A and documents Ex.R1 and Ex.R2 and closed evidence on 09.10.2015.
4. We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by both the parties.
5. Keeping in view the facts and circumstances of the case, we
found that as per pleadings, the complainant had given advanced Rs.21,000/- (Rs.1,000/- on 10.07.2013 and Rs.20,000/- on 11.07.2013) to the Ops for admission in the college but the complainant did not take the admission and requested to refund the admission fee of Rs.21,000/ but the Ops refunded the amount of Rs.7,000/- to the complainant by cheque. On the other hand, the Ops stated that at the time of admission, the father of complainant himself submitted and given undertaking that in case of withdrawal/cancellation of admission for any reason, the complainant shall have not claim for the refund of the entire amount of tuition, college and hostel dues once paid. However, the college has already refunded the security amount to the complainant.
6. In view of facts and circumstances of the case, the evidence available on the file and on appraisal of pleadings of both the parties, we found that the complainant had given advanced Rs.21,000/- (i.e. Rs.1,000/- on 10.07.2013 and Rs.20,000/- on 11.07.2013) to the Ops for admission but the complainant did not take the admission and requested to refund the admission fee of Rs.21,000/- but the Ops only refunded Rs.7,000/- vide cheque bearing No.000439 Annexure C3. The Ops have not produced any evidence to show the seat vacant was not filled-up by the Ops and thereby loss was caused to the respondents. In the authority reported as Andhra University & others Vs. Janjanam Jagedeesh, 2010(3) CPJ page 310 (NC), it has been held that Admission-Fee refund-The respondent/complainant within a week of depositing the fees and the certificates had requested for being withdrawn from the course without attending any class-In view of the UGC guidelines, the petitioner/Ops were unfair in retaining the entire fee, even after the student withdrew from their College-Petitioner have failed to prove that the resultant vacancy was not filled up by any other candidate from the waiting list-Petitioner/Ops directed to retain only Rs.1,000/- of the fee deposit by the respondent/complainant and refund the balance amount with 6% interest p.a. Reliance can also be made upon the authority reported as Indian Institute of Hotel Management & others Vs. Reshmi Dutta, 2011(3) CLT page 599 (NC), wherein it has been held that Admission-Fee refund-The respondent had not joined the Institute even for a single day-It can be safely presumed that the Institute would have filled up the resultant vacancy, entailing no financial loss whatsoever-Plea on behalf of the petitioner that there is clause that once fee is paid the same is not liable to be refunded repelled and held that this type of one-sided conditions have been overruled by a number of Fora, including UGC and Ministry of Human Resources Development-State Commission has not committed any illegality, material irregularity or exceeded its jurisdiction in directing the petitioner/Institute to refund the fee after deducting a sum of Rs.1,000/- which is just, proper and reasonable. We can also rely upon the authority in this regard reported as Savavpreet Singh Vs. Lata Lajpat Rai Institute of Engineering & Technology, Moga & others, 2010(4) CPJ page 318 (NC), wherein it has been held that Admission-Fees refund-On getting admission in another institution on the basis of special Counseling-The Rules and regulations issued by the All India Council for Technical Education are fully applicable to the institutions imparting technical education as in the present case which provided for fees refund-In view of the clear guidelines of All India Council for Technical Education applicable to both respondents No.1 and 2 Institutions, they cannot be allowed to take plea of their advertisement and condition contained therein to deny refund of fees and other charges to the petitioner/complainant-Impugned order passed by the State Commission set-aside and the respondent No.1-Institute accordingly directed to refund the entire amount of fees deposited by the complainant with it at the time of taking admission along with Rs.7500/- which was received by the Institute from respondent No.1 University-However, respondent No.1-Institute shall be free of deduct a processing fee of not more than Rs.1000/- while refunding the amount of fees after deducting processing fee upon Rs.1,000/-. The said authorities are fully applicable to the present case. So, in view of said authorities, the Ops shall be free to deduct a processing fee for not more than Rs.1,000/- while refunding the amount of entire fee.
7. Thus, in view of above discussion, we allow the complaint and direct the Ops to refund remaining admission fee i.e. Rs.13,000/- after deducting processing fee of Rs.1,000/- (14,000/- less Rs.1,000/-=Rs.13,000) to the complainant. No order as to costs. Let the order be complied within 30 days, failing which, the complainant shall be entitled interest @ 8% p.a. on the awarded amount from the date of commencement of this order till its realization. A copy of this order be sent to both the parties free of costs. File be consigned to the record room after due compliance.
Announced.
Dt.04.01.2016.
(Jagmal Singh),
President.
(Harisha Mehta), (Rajbir Singh),
Member. Member.