DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

[Complaint Case No:23 of 2011]

                                                          Date of Institution : 14.01.2011

                                                           Date of Decision    : 03.06.2011

Ms. Priyanka Kaushal d/o Sh. Ashok Kumar resident of House No.3202, Sector 19-D, Chandigarh.

                                                                   ---Complainant.

V E R S U S

Goswami Ganesh Dutta Sanatan Dharma College, Sector 32-C, Chandigarh through its Principal.

---Opposite Party.

BEFORE:   SHRI LAKSHMAN SHARMA        PRESIDENT

                SMT. MADHU MUTNEJA            MEMBER

Argued By:Sh. Sadhu Ram, Advocate and

                   Sh. K. L. Kohli, Advocate for the complainant.

                   OP already exparte.

PER LAKSHMAN SHARMA, PRESIDENT

                   Ms. Priyanka Kaushal Kumar has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed to:-

i)                   Refund a sum of Rs.18,652/- paid as fee.

ii)                 Pay a sum of Rs.5,000/- as compensation for mental agony and harassment.

iii)              Pay a sum of Rs.5,000/- as costs of litigation.

2.                In brief, the case of the complainant is that she applied for the Post Graduate Diploma Course in Computer Application in the OP college and deposited the fee of Rs.18,652/- vide receipt No.68887 dated 5.7.2010 (Annexure  1). In the meantime, the complainant got admission in the MBA Course in the Panjab University for the Session December/April 2010-2011. She also deposited a fee of Rs.20,252/- for the MBA course vide cheque dated 20.7.2010 (Annexure 2). As per the complainant, as she had got admission in the higher course i.e. MBA, she could not join the lesser self financing diploma course of the OP. It is averred that the complainant applied for refund of fee of Rs.18,652/- deposited with the OP but it verbally refused to make the refund. According to the complainant, non refund of the fee by the OP amounts to unfair trade practice.

                   In these circumstances, the present complaint has been filed seeking the reliefs mentioned above.

3.                OP was duly served but OP refused to accept the summons. As refusal was a good service, therefore, OP was ordered to be proceeded against vide order dated 10.03.2011.

4.                We have heard the complainant in person and perused the record very carefully.

5.                The averments made in the complaint as reproduced above of the order stands corroborated from the affidavit of the complainant as well as from documents annexed with the complaint. Annexure-1, which is receipt dated 5.7.2010 clearly proves that the complainant had deposited an amount of Rs.18,652/- with the OP towards the fee for Post Graduate Diploma in Computer Application. It is also proved on record the complainant also got admission in the Panjab University in the higher course i.e. MBA in the month of June 2010 itself and she deposited a fee of Rs.20,252/- vide cheque (Annexure 2) with the Panjab University. This fact is further corroborated by Annexure-3, which is a Provisional Roll Number Card issued in the name of the complainant by the Panjab University for Session December/April 2010-2011. Thus, in our view, once the complainant had got admission in the higher course in the Panjab University, she was entitled for the refund of the fee deposited by her with the OP for the course, which was not even attended to by the complainant because she had got admission in the Panjab University in the month of June 2010 itself.

6.                In the case titled FIIT JEE (Hyderabad Classes) Ltd. & Ors. Vs. Rohit Binjrajka, II (2010) CPJ 45, the Hon’ble Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad has held in Para 8 as under:-

“8.        In the earlier decisions, it was held that the institute need not refund the amount paid towards course fee in case the student withdraws from the institution or discontinue in the middle of the course. But, in the recent decision of the National Commission on the basis of the UGC guidelines it was held that the Ministry of Human Resources Development and UGC have considered the issue and decided that the institutions and universities in the public interest shall maintain the waiting list of students/candidates and in the event of any student admitted withdraws before the starting of the course the waited listed candidates should be given admission against the vacant seat. The entire fee collected from the student, after a deduction of the processing fee of not more than Rs.1,000/- shall be refunded and returned by the institution/University to the student or candidate who had withdrawn from the course. In view of the guidelines, it was held that the institution/University is bound to refund the fee that was paid for the entire course. The said guidelines also applied to the OP’s institution.”

7.                In the present case, it is proved on record that the complainant did not attend the class and left the course before the commencement of the course in the month of June 2010. As such, the seat vacated by the complainant could have been filled from the waiting list maintained by the OP College. Accordingly, in the light of the above cited case, we are of the opinion that the complainant is entitled to the refund of the fee deposited with the OP after deduction of minimum of Rs.1,000/- as processing fee. In our considered view, non-refund of the fee by the OP amounts to deficiency in service as well as unfair trade practice on its part.

9.                In view of the above findings, this complaint is allowed and the OP is directed as under: -

(i)                 To refund a sum of Rs.17,652/- i.e. [Rs.18,652 – Rs.1,000] to the complainant, paid as fee to the OP College.

(ii)              To pay a sum of Rs.5,000/- as compensation to the complainant for mental agony and harassment.

(iii)     to pay a sum of Rs.5,000/- to the complainant as costs of litigation

10.              This order be complied with by OP within one month from the date of receipt of its certified copy, failing which OP shall be liable to pay the amount of Rs.22,652/- i.e. [Rs.17,652 + Rs.5,000] along with interest @18% p.a. from the date of complainant making application for refund till its realization besides payment of Rs.5,000/- as costs of litigation.

11.              Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

3^rd June 2011.

Sd/-

 (LAKSHMAN SHARMA)

PRESIDENT

Sd/-

(MADHU MUTNEJA)

MEMBER

Ad/-

C.C.No.23 of  2011

Present: None.

                                                          ---

                   As per separate detailed order of even date, this complaint has been allowed. After compliance file be consigned.

Announced.

03.06.2011               President                          Member