Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 158.
Instituted on : 16.04.2018.
Decided on : 27.08.2019.
Ashi age 19 years, d/o Sh. Ramesh r/o village Baroda Tehsil Gohana District Sonepat.
………..Complainant.
Vs.
KVM Nursing College, Ladhot Road Rohtak through its Principal.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH. VED PAL, MEMBER.
DR. RENU CHAUDHARY, MEMBER.
Present: Sh.V.S.Singhal, Advocate for the complainant.
Sh. D.D.Bhardwaj, Advocate for opposite party.
ORDER
VED PAL, MEMBER:
1. Brief facts of the case are that complainant took admission in Nursing course with the opposite party vide registration no.16GNM16-17. That complainant deposited fee of Rs.50000/- with the opposite party on 24.05.2016 vide receipt no.243. That after depositing the admission fee, the complainant due to some family circumstances, could not join the said course and as such she got her admission cancelled and requested to refund the amount of fee deposited by the complainant. The Principal assured the complainant that the said amount will be refunded to the complainant after a short period but till today, the amount has not been refunded to the complainant. That complainant requested the opposite party many times to refund the fee but in vain and finally a week ago, opposite party refused to pay any heed to the request of complainant. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the fee of Rs.50000/- to the complainant alsongwith interest @ 18% p.a. from the date of deposit till its payment, and to pay the amount of Rs.30000/- as compensation on account of mental agony, harassment and litigation expenses to the complainant.
2. Notice of the present complaint was issued to the opposite party, who appeared and filed its written reply submitting therein that complainant voluntarily took admission in the respondent Institute and deposited the fee, attended the classes and thereafter did not turn up. She is not entitled for the refund of fee deposited by her. She never requested the respondent to cancel her admission in the said course, so the question of refund of fee does not arise. It is further submitted that as per prospectus, rules and regulation of the respondent Institute it is clearly mentioned that once admission is confirmed, no fee will be refunded. Further any student leaving the course in the middle of the session will be required to deposit all fee before NOC is given. In the present case, the admission of the complainant was confirmed, so the complainant is not entitled for any of the amount refunded. It is the complainant who had wasted one valuable seat of a needy student. Rather it is respondent Institute who has suffered loss of reputation as well as financial loss also. That complainant is not entitled for any refund. There is no deficiency in service on the part of opposite party. Opposite party prayed for dismissal of the complaint with costs.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, document Ex.C1 and has closed his evidence on dated 21.08.2018. Ld. counsel for the opposite party made a statement that reply already filed in this case be read as affidavit, tendered affidavit Ex.R1 and has closed his evidence on dated 02.05.2019.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case, grievance of the complainant is that she took admission in Nursing course with the opposite party college and deposited fee of Rs.50000/- on 24.05.2016 vide receipt no.243. But after depositing the admission fee, the complainant due to some family circumstances, could not join the said course and as such she got her admission cancelled and requested the opposite party to refund the amount of fee deposited by the complainant. But the same has not been refunded to the complainant till date.
6. After going through the file and hearing the parties it is observed that admission of complainant in the college of opposite party is not disputed but the complainant has not placed on file any document to prove that on which date, she had applied for refund of fee or cancellation of admission. No such application has been placed on record. On the other hand, opposite party has placed on record copy of prospectus Ex.R1 and as per rules and regulation No.1 of the same, it is clearly mentioned that: “Once admission is confirmed, no fee will be refunded. Further any student leaving the course in the middle of the session will be required to deposit all fee before NOC is given”. Moreover, as per written statement filed by the opposite party, by leaving the course in the middle, complainant had wasted one valuable seat of a needy student and respondent Institute has suffered financial loss. To prove the same, at the time of arguments, opposite party has placed on record copy of letter ‘Annexure-A’ alongwith list of students.
7. In view of the facts and circumstances of the case, we come to the conclusion that there is no deficiency in service on the part of opposite party. As such, present complaint stands dismissed with no order as to costs.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
27.08.2019.
…………………………………
Ved Pal, Member.
………………………………..
Renu Chaudhary, Member.
