DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.450/2013

Ms. Monika  Benwal

D/o Sh. Rajkumar

R/o WZ-C-2, Patel  Garden,

Near Dwarka More Metro Station,

New Delhi-110078                                                         ….Complainant

Versus

M/s IIPM International Campus

at: Satbari, Chandan Haula, Chhattar Pur,

Bhati Mines Road,

New Delhi-110074                                                ……Opposite Party

                                                Date of Institution          : 26.08.13                                                              Date of Order        : 02.11.16

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

O R D E R

In short, the case of the Complainant is that she had applied for the full time Post Graduate Programme in Planning  & Entrepreneurship for session 2012 – 2014 and paid Rs.1,25,000/- in cash vide three installments of Rs.25,000/- on 06.09.12, Rs.75,000/- on 17.10.12 and Rs.25,000/- on 02.11.12.  It was assured that the university will arrange for education loan, study material of complete course, free laptop and 100% placement assistance to pursue the programme.  OP assured her that she will be admitted in the batch of September  2012 but when she  approached the OP, it was stated that she will be admitted in the next batch of between December -2012 and January 2013. In the month of 2013 when she did not receive any call from OP’s institute. She approached OP and she was again assured that in the next batch i.e. February she will be admitted to pursue the programme.  When she did not receive any call from the OP, she again approached OP but the OP neither admitted her to pursue the course nor refunded the fee.  Hence, this complaint for issuing directions to the OP to refund the  fees amount of Rs.1,25,000/- alongwith 15% interest to the Complainant,  Rs.5 lacs towards mental, financial, physical loss and Rs.20,000/-  as compensation for causing harassment, humiliation, physical and mental agony to the Complainant.   

OP in the written statement has stated that the Complainant was selected and asked to deposit the fees.  However, it was suggested  to her that she can arrange the bank loan but OP never gave assurance that  they will arrange for bank loan and it was clearly mentioned that OP will not be liable if the student is not eligible as per bank’s requirement. It is submitted that most of the students come and deposit their retention fees to block their seats in the OP institute but when they get admission in some other college or institute they asked to return the retention fee. It was clearly mentioned in the selection letter after the pre- adm examination the retention fee is not refundable but the Complainant deposited the same just to block her seat but she got admission in another college and she cooked up this story. It is denied that  at any time  the Complainant was told that the said amount of fee is refundable. It is clearly mentioned on page No.77 of the prospect of OP about the non refund of the fees as the retention fees is non-refundable and accepted by the Complainant. OP has prayed for dismissal of the complaint.

  No rejoinder has been filed by the Complainant.

Complainant has filed her own affidavit in evidence while affidavit of Sh. Varun Verma, Assistant Manager (legal affairs) of OP has been filed in evidence.

     Written arguments have been filed on behalf of the parties. 

We have heard the on behalf of the Complainant and have also gone through the file very carefully.

Admittedly, the Complainant had applied for admission with the OP institute for full time Post Graduate Programme in Planning  & Entrepreneurship for session 2012 – 2014 and paid Rs.1,25,000/- in cash vide three installments of Rs.25,000/- on 06.09.12, Rs.75,000/- on 17.10.12 and Rs.25,000/- on 02.11.12. Copy of the prospectus has not been filed from either side. However, the copies of the receipts issued by  the OP to the Complainant have been filed on the record wherein retention fee for full time Post Graduate Programme in Planning & Entrepreneurship for September 2012-2014 has been shown as Rs.33,500/-. Therefore, if for any reasons whatsoever, the Complainant did not or could not pursue the said programme the OP was just entitled to forfeit the retention fee of Rs.33,500/- from the amount already paid by  the Complainant  to the OP. Therefore, not refunding the remaining amount by the OP to the Complainant, the OP was not at all justified even as per the so-called prospectus of the OP itself. Therefore, the OP was deficient in service and also adopted unfair trade practice while not refunding the amount of Rs.91,500/- (Rs.1,25,000 minus Rs.33,500) to the Complainant. Accordingly we hold the OP guilty of deficiency in service

We allow the complaint to the above extent and direct the OP to pay Rs.91,500/- towards fee alongwith interest @ 6% per annum from the date of filing of the complaint till realization and Rs.15,000/- towards compensation  for mental pain, agony and legal expenses  to the Complainant within a period of 30 days from the date of receipt of copy of this order failing which OP shall become liable to pay interest @ Rs.7% per annum on the amount of Rs.91,500/- from the date of filing of the complaint till realization. 

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on   02.11.16.