Delhi

East Delhi

CC/330/2013

REKHA GUPTA - Complainant(s)

Versus

ICRI - Opp.Party(s)

25 Oct 2016

ORDER

            DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT of Delhi

             CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092  

 

                                                                                                   Consumer complaint no.         330/2013

                                                                                                   Date of Institution                22/04/2013

                                                                                                   Order reserved on                25/10/2016        

                                                                                                   Date of Order                         02/11/2016                                                                                     

 

In matter of

Ms Rekha Gupta, adult 

R/o- S-22, Sunder Block   

Shakarpur, Delhi-110092…………………………………...…………….Complainant

                                                                    Vs

1-Institute of Clinical Research India

                  &

2-The Registrar, ICR,

Both at – 201, Okhla Industrial Area Phase I,

New Delhi   110020

 

3-The Chairman, ICRI

 ICRI Institute

84F, C-6 Lane, Central Avenue, Sainik Farm,

New Delhi  110062……….………………………………………………..Respondents

 

New Address by Complainant – The Registrar / Chairman

                                                         F-89/4/1, Okhla Industrial Area Phase I,

                                                         New Delhi 110020 

 

Complainant’s Advocate       Pradip Kr Gupta    

Opponent’s Advocate            Ex Parte

 

Quorum   Sh Sukhdev  Singh       President

                  Dr P N Tiwari                Member

                  Mrs Harpreet Kaur      Member     

                       

Order by Dr P N Tiwari  Member  

Brief Facts of the case  …..

 

                                                                                               

The complainant got admitted at OP for taking MSc degree in Clinical research and paid security deposit of Rs 10,000/- as refundable at the time of completion of course. OP issued receipt vide no 1330 and roll number 093264 was allotted marked as CW1/1.

Complainant’s MSc. degree tenure was from 2005 to 2007 and got her degree in 2010. Thereafter, she submitted an application through her brother for refund of security amount with OP on dated 06/08/2012, marked as CW1/2. When she did not get any reply from OP, sent a legal notice dated 05/09/2012 marked here as CW1/3. She had also filed India postal department tracking report confirming that the notices were served to OPs marked here as CW1/4.

Not receiving reply, she filed this complaint claiming refund of security deposit a sum of Rs 10,000/- with compensation of Rs 10,000/-.

Notices were issued but could not be delivered as the given addresses were not complete, so complainant submitted new address. Fresh notices were served,   but OPs did not appear or submitted written statement. Even after giving ample opportunity to OPs, when they did not appear, hence case proceeded Ex Parte. Complainant filed its Ex Parte evidences on affidavit which were on record. Notice was served to complainant for arguments, but did not appear, so order was reserved.

After perusal of facts and evidence on record, it was clear that security amount was refundable by OP after completion of degree course, which was after 2007, but complainant applied after receiving of her degree in 2010. She again sent a legal notice through her advocate in 05/09/2012 and through her complaint, she claimed for refund of her security amount a sum of Rs 10,000/-

 

Though, she approached for refund after every 2 years gap to OP as she was entitled for refund of her security amount, OP had refunded the same as and when complainant had applied. This amount does not pertain to OPs service or any teaching purpose, but it was a simple deposit in the form of security till completion of her degree. Not refunding the amount proved deficiency in services of OPs.

Hence, this complaint is allowed and passes the following order as under—

1. OP is directed to refund the security amount Rs 10,000/-with 9% interest from the date of filing of this complaint within 30 days from receiving of order, till realized.
2. We also award compensation of Rs 5,000/-for harassment caused to complainant due to deficiency in services of OP with Rs 1000/-as litigation charges.
3. The order is to be complied in time essence failing which; entire awarded amount shall carry the same interest till realized.

If order is not complied in time essence, the entire awarded amount shall carry the same interest till realized. The order copy be sent to the parties as per act and file be consigned to the record room.

 Mrs Harpreet Kaur- Member                                          (Dr) P N Tiwari – Member                                                          

                                       

                                           Shri  Sukhdev Singh - President