DISTRICT CONSUMER DISPUTES REDRESSAL FOR`UM, BATHINDA.
CC.No.525 of 15-10-2012
Decided on 07-12-2012
Sukhcharan Singh aged about 40 years s/o Jagraj Singh r/o Ward No.12, Maur Mandi, Tehsil Talwandi Sabo, District Bathinda.
........Complainant
Versus
Guru Kashi University, Talwandi Sabo, District Bathinda, through its Principal/M.D.
The Principal, Guru Kashi University, Talwandi Sabo, District Bathinda
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh.Amarjeet Paul, Member.
Smt. Sukhwinder Kaur, Member.
Present:-
For the Complainant: Sh.Sukhmander Singh, counsel for complainant.
For Opposite parties: Opposite parties ex-parte.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). In the instant complaint the son of the complainant Mangal Singh took admission in diploma in agriculture in the university of the opposite party No.1. The opposite party No.1 got deposited the fee of Rs.16,825/- on 9.6.2012 vide receipt No.3167 dated 9.6.2012 and informed the complainant that in case the student is unable to undertake the course then the fee deposited will be refunded. The son of the complainant, Mangal Singh due to the some unavoidable family circumstances could not undertake the course since its commencement. The complainant made representation to the opposite parties to refund the fee deposited by him but they have failed to refund the same. Hence the complainant has filed the present complaint to seek the directions to the opposite parties to refund the amount of Rs.16,825/- alongwith interest, cost and compensation.
2. The opposite parties despite service of summons have failed to appear before this Forum. Hence ex-parte proceedings are taken against the opposite parties.
3. The complainant has tendered the evidence Ex.C1 his own affidavit dated 9.10.2012; Ex.C2 photocopy of letter dated 25.8.2012; Ex.C3 postal receipt and Ex.C4 photocopy of payment receipt.
4. The arguments advanced by the learned counsel of the complainant heard at length and record alongwith written submissions submitted by the complainant perused.
5. The complainant had deposited the fee of Rs.16,825/- on 9.6.2012 vide Ex.C4 for the diploma in agriculture for his son Mangal Singh. The complainant has sent a letter dated 25.8.2012 vide Ex.C2 to the opposite parties addressing the Principal, Guru Kashi University, Talwandi Sabo for the refund of the fee of Rs.16,825/- on dated 30.8.2012. The complainant has placed on file the postal receipt but no reply to the letter dated 25.8.2012 has been sent by the opposite parties.
6. The non appearance of the opposite parties itself speaks the deficiency in service on their part as they have not appeared before this Forum or has not replied the application dated 25.8.2012 sent by the complainant at anytime As the opposite parties have not appeared before this Forum there is no record that when the classes were to be commenced and under what rules the amount be refunded to the student if he surrenders his seat before commencement of the course. The complainant has deposited the fee on 9.6.2012 and applied for the refund of the fees vide letter dated 25.8.2012 which clearly shows that the classes of the diploma in agriculture must have not started by that date.
The version of the complainant is believed to be true as the classes of such diploma normally begin in the month of September and he has not attended any class and requested for the refund of the fees. His request has not been honoured by the opposite parties at any stage, meaning thereby they admit their liability to refund the amount to the complainant. Thus it would meet the ends of justice if this complaint be allowed with Rs.5000/- as cost and compensation.
7. Therefore in view of what has been discussed above this complaint is accepted against the opposite parties with Rs.5000/- as cost and compensation and the opposite parties are directed to refund the amount of Rs.16,825/- after deducting the processing charges of Rs.1000/- to the complainant. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.
In case of non-compliance the interest @ 9% per annum will yield on the amount of Rs.15,825/- since the institution of this complaint i.e. 15.10.2012 till realization.
8. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
07-12-2012
Vikramjit Kaur Soni
President
Amarjeet Paul
Member
Sukhwinder Kaur
Member
