Based on his rank in Kerala Engineering Entrance Examination and counseling by the respondent/opp.party, petitioner No.1/complainant No.1 was offered admission under management quota in Electronics & Communication branch in Model Engineering College, Ernakulam. Petitioner paid a sum of Rs.38,700/- on the spot towards annual tuition fee for the year 2005-06. He also paid Rs.10,370/- towards miscellaneous fee on 22.7.2005. Petitioner was selected in Birla Institute of Technology & Science (BITS), Goa Campus in August 2005 under merit quota well before the closing date of admission in the respondent institute. Petitioner vacated the seat in respondent institute and applied for refund of the entire fee paid by him. Respondent refunded the miscellaneous fee of Rs.10,220/- only. Request made by the petitioner for refund of the admission fee of Rs.38,700/- was declined. Being aggrieved, petitioner filed complaint before the District Forum. District Forum allowed the complaint and directed the respondent to refund the sum of Rs.38,700/- with interest @ 9% p.a. from 20.1.2005 till realization. Rs.10,000/- were awarded by way of compensation and Rs.2,000/- towards costs. Respondent was directed to comply with the order within one month failing which it was made liable to pay interest @ 12% p.a. Respondent, being aggrieved, filed appeal before the State Commission, which has been partly allowed. Seat vacated by the petitioner was filled and a new student was admitted against that seat. State Commission, taking that the respondent had charged only Rs.4,907/- from the subsequent student, modified the order of the District Forum and directed the respondent to refund the sum of Rs.4,907/- only instead of Rs.38,700/- awarded by the District Forum. Direction to pay the sum of Rs.10,000/- towards compensation was set aside as the petitioner had been compensated by way of interest on the awarded amount. Petitioner, being aggrieved, has filed the present revision petition. Counsel for the petitioner contends that the State Commission has wrongly held that the respondent had charged only Rs.4,907/- from the student who was admitted in his place; that the respondent had charged Rs.49,070/- from the subsequent student. Counsel for the respondent very fairly concedes that the respondent had charged Rs.49,070/- and the State Commission has wrongly held that the respondent had charged only Rs.4,907/- from the subsequent student; that the respondent has no objection to the refund of the sum of Rs.38,700/- as directed by the District Forum after making adjustment of the sum of Rs.4,907/- which was paid by the respondent to the petitioner on 17.10.2011. In view of the fair concession made by the counsel for the respondent, the order of the State Commission is modified and the respondent is directed to refund the sum of Rs.33,793/- (Rs.38,700/- minus Rs.4,907/- already paid) along with interest @ 9% w.e.f. 20.6.2005 till realization. Counsel for the respondent states that the sum of Rs.33,793/- along with interest @ 9% w.e.f. 20.6.2005 along with costs of Rs.2,000/- shall be paid to the respondent within 8 weeks. Revision petition is allowed in part and disposed of in the terms indicated above. |
