Date of Filing:18.12.2007<br /> Date of Order: 11.02.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 11TH DAY OF FEBRUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 2520 OF 2007 <br /> <br /> V. Newton Sathyanesan,<br /> (Father of Wesley Newton(Student),<br /> D-12/3, DRDO Township,<br /> C.V. Raman Nagar,<br /> Bangalore-560 093. Complainant<br /> <br /> V/S<br /> Mr. K.A. Subramanyaa, (Chairman),<br /> SCT Institute of Technology,<br /> Kaggadasapura Main Road,<br /> Vignan Nagar, New Thippasandra Post,<br /> Bangalore-560 075. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This complaint is filed by complainant claiming refund of Rs.1.75 lakhs with interest and costs.<br /> The facts of the case are that, the complainant sought for admission to an Engineering Degree Course in respect of his son Wesley Newton and in this connection registered the name of his son for counseling under CET, Bangalore. However, admission cannot be secured in the first few rounds. Meanwhile, based on an advertisement in newspaper the complainant came to know about the existence of S.C.T. Institute of Technology and approached the authorities, who in turn offered admission through management quota for BE(Information Science) on payment of fees of Rs.1,75,000/-. Initially complainant paid Rs.25,000/- in cash as advance and later Rs.1,50,000/-by Banker’s Cheque No.949191 dated 18/8/2007 drawn on Indian Overseas Bank, towards admission fee, which was raised through an educational loan from Indian Overseas Bank and the receipt of the same are produced. The son of complainant did not join the course and did not attend any classes and did not avail any service from the opposite party institution. Subsequently, on 4th September-2007 the complainant came to know about the casual round of counseling conducted by the CET, Malleswaram, Bangalore through newspaper, attended the counseling and secured a free seat for admission to BE(Instrumentation Technology) at KNS Institute of Technology in respect of his son. Copy of the admission order of CET is also produced. The complainant compared the fees between the two colleges and found that the fees payable to SCT Institute of Technology would be around Rs.7.00 lakhs for four years which is very high compared to RS.1.2 lakhs as fees payable to KNS Institute of Technology. Therefore, the complainant informed the Chairman SCT Institute of Technology and requested for refund of Rs.1.75 lakhs paid earlier. Despite much assurance by the Chairman to refund the amount, no refund was made. The complainant admitted his son to KNS Institute of Technology, Bangalore, on 11th September-2007 as per the admission order of CET Cell and is attending the classes regularly. Subsequently, the complainant met the Chairman on several occasions and requested for refund of the amount. After a long time complainant sent a letter on 8th October-2007 to the Chairman and Director, SCT Institute of Technology for refund of the amount paid by him. As the complainant did not avail any service in respect of his son, the Chairman, SCT Institute of Technology is bound to refund the amount of Rs.1.75 lakhs. Hence the complaint.<br /> 2. Notice was issued to opposite party by RPAD. Opposite party has not appeared before the forum and remained absent and he placed exparte. Arguments of complainant heard in person. <br /> <br /> 4. The points for consideration are:-<br /> 1. Whether there was a deficiency in service on the <br /> part of the opposite party? <br /> <br /> 2. Whether the complainant is entitled for refund of <br /> amount Rs. 1.75 lakhs paid by him? <br /> <br /> <br /> <br /> <br /> REASONS<br /> <br /> 5. I have gone through the complaint the documents. The complainant has produced a receipt of the opposite party institution dated 30/6/2007. The receipt is for Rs.25,000/-. This receipt is issued towards admission fee. The opposite party has produced copy of the Banker’s Cheque for Rs.1,50,000/- dated 18/8/2007. This Banker’s Cheque is taken by the complainant in the name of SCT Institute of Technology, Bangalore. This Banker’s Cheque is drawn on Indian Overseas Bank. It is the case of the complainant that, the amount was paid to the opposite party towards the admission of his son Wesley Newton. The complainant’s son got BE seat through CET casual round Counseling and he got admission at KNS Institute of Technology. Therefore, the complainant requested the opposite party for refund of the amount paid by him since his son did not join the college. He met the Chairman on several times and requested for refund of the amount. It is the case of the complainant that, the Chairman assured him to refund the amount, but so for the amount is not refunded. The complainant waited long time. He also sent letter to the Chairman and requested for refund of the amount. Since the amount was not refunded he was decided to file the complaint before this Forum. The case made out by the complainant has gone unchallenged. The opposite party though served with notice has not appeared and contested the matter. It appears that, the opposite party has no defense to make that’s why the opposite party has not chosen to contest the matter. Imparting of education by an Educational Institution for consideration is a service and falls within the purview of the Consumer Protection Act, the complainant is entitled for refund of the amount paid by him though he had voluntarily withdrawn from getting admission. The opposite party cannot be allowed to make unjustified gain by receiving the admission fee from the complainant. Consumer Protection act is enacted to safeguard the better interest of the consumers. The complainant in this case had taken loan from the Bank and paid the amount. Therefore, there he will be put to loss and hardship if the amount is not paid immediately to him. In the similar nature of case, this Forum had ordered for refund of the fee paid by the complainant while getting admission in the college. The complainant has produced the news item published in the Deccan Herald News Paper. On the facts and circumstances of the case, it is just fair and proper to order the opposite party to refund sum of Rs.1,75,000/- to the complainant with costs. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party SCT Institute of Technology is ordered to refund Rs.1,75,000/- to the complainant within 30 days from the date of order. The complainant is entitled to Rs.2,000/- towards costs of the present proceedings. The opposite party is directed to send the amount to the complainant directly by way of D.D or Cheque with intimation to this Forum within 30 days. On failure of the payment within 30 days by the opposite party the said amount carries interest at interest at 10% p.a after the expiry of 30 days.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 11TH DAY OF FEBRUARY 2008.<br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />