Punjab

Kapurthala

CC/08/94

Srishti - Complainant(s)

Versus

Lovely Professional - Opp.Party(s)

Sh.Chandan Puri,Advocate

25 Nov 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAPURTHALA
Building No. b-XVII-23, 1st Floor, fatch Bazar, Opp. Old Hospital, Amritsar Road, Kapurthala
consumer case(CC) No. CC/08/94

Srishti
...........Appellant(s)

Vs.

Lovely Professional
...........Respondent(s)


BEFORE:
1. A.K.SHARMA 2. Gulshan Prashar

Complainant(s)/Appellant(s):
1. Srishti

OppositeParty/Respondent(s):
1. Lovely Professional

OppositeParty/Respondent(s):
1. Sh.Chandan Puri,Advocate

OppositeParty/Respondent(s):




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ORDER

1. The complainant has filed the present complaint against Lovely Professional University, Lovely Campus, Jalandhar claiming that respondent is a University enacted by the Government of Punjab under the enactment of State Legislature namely the Lovely Professional University. It is alleged by the complainant that in response to the said invitation, the complainant applied for -2- admission in B. Tech. MBA, (Integrity) course and after qualifying on merits, appeared for counseling and was offered a seat in the aforesaid course for the Sessions 2007-08. It is alleged that on the asking of the officials of the respondent, he deposited a total sum of Rs.39,500/- as admission fee vide receipt No. 10564 dated 1.9.2007. Besides this he also deposited Rs.24,000/- as hostel charges vide receipt No. 05227 dated 3.8.2007. It is also also alleged that he was forced to deposit Rs.1000/- as late fee charges which was paid by him vide receipt No. 005228 dated 1.8.2007. It is alleged by the complainant due to some family circumstances, he could not join the said course and surrendered her seat before the start of the session and as such applied for the refund of the admission and hostel charges deposited by her with the respondents as detailed above. But the respondents made a refund of only Rs.24,000/- regarding hostel charges and did not make the refund of admission charges despite repeated requests. The complainant also served a legal notice dated 20.10.2007 for the refund of the above amount which the opposite parties failed to pay the complainant which is a deficiency in service on the part of opposite party. Hence the present complaint 2. Notice of the complaint was given to the opposite party who appeared before the Forum and contested the complaint of the complainant. 3. The parties led evidence upto their satisfaction and after the close of evidence by the parties, when the case was fixed for arguments on 25.11.2008, the counsel for the complainant made statement to the effect that a compromise has been effected with the -3- opposite party and as per the said compromise, out of the total amount of fee Rs.39,500/- deposited by the complainant with the opposite party 75% of the above said amount which comes to Rs.29625/- shall be paid back by the opposite party to the complainant. In view of the above, the counsel for the opposite party made statement admitting the statement of counsel for the complainant and submitted that the complaint be decided according to the statement of counsel for the complainant. In view of the statements of counsel for the parties recorded on 25.11.2008, the complaint of the complainant Srishti (minor) through her father and natural guardian Gian Chand) is hereby allowed and opposite party Lovely Professional University, Lovely Campus, Jalandhar - Ludhiana GT Road, near Cheheru Railway Bridge, Phagwara District Kapurthala through its Registrar is directed to refund 75% of Rs.39500/- already deposited by the complainant with the opposite party within one month from the receipt of this order. Parties are left to bear their own costs. Let certified copy of the judgment be sent to the parties through registered post free of costs without any delay. File be consigned to the record room. Dated: Gulshan Prashar Paramjit Singh 25.11.2008 Member President




......................A.K.SHARMA
......................Gulshan Prashar