Delhi

New Delhi

CC/662/2014

Niket Kumar - Complainant(s)

Versus

M/S. Guru Gobind Singh Indraprastha University - Opp.Party(s)

22 Nov 2018

ORDER

 

 

                                       CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),

                                         ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                                            NEW DELHI-110001

 

Case No.C.C./662/2014                                        Dated:

In the matter of:

Sh. Niket Kumar,

S/o R.L. Yadav,

R/o H.No. Flat No.103,

Block No.5 5, DDA M.S. Flats,

Motia Khan, New Delhi-55.

                       ……..COMPLAINANT

 

 

      

VERSUS

1.           Guru Gobind Singh Indraprastha University,

Through its Registrar/Admission Officer),

Kashmere Gate, Delhi

 

2.           Guru Gobind Singh Indraprastha University,

Through its Registrar/Admission Officer),

Sec.16-C, Dwarka,

New Delhi-110075.

                                                                                                                                                      ….OPPOSITE PARTY

 

ARUN KUMAR ARYA, PRESIDENT

 

ORDER

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The brief fact of the case are that the complainant was a student of BBA and registered with OP for the session 2013-14 under the Rank No.711. He paid a sum of Rs.40,000/- for the same to the OP on 11.07. 2013. It is submitted that the executive of OP assured him that if he remained unsatisfied or wanted to get admission in any other stream/subject, then amount deposited would l be refunded or adjusted.   It is alleged that without joining the college of OP University, the complainant got admission in BA LLB in University School of  Law and Legal Studies and deposited a sum of Rs.53,000/ and duly intimated the officials of the OP about the same and also requested to refund or adjust the entire deposited amount of Rs.40,000/- but  all in vain. It is also alleged that the complainant made several requests to the OP telephonically and made visits but OP University failed to refund the amount. It is submitted that the complainant vide letters dated 13.12.2013 and 1.4.2014 requested for refund of the money to the OP but nothing has been done by the OP University. Complainant therefore, approached this Forum for the redressal of his grievances.

2.     Complaint has been contested by OP.  In its written statement OP has pleaded that the complainant is neither a consumer nor the OP University is the service provider and the dispute involved in the present complaint is not a consumer dispute.   In support of its contention it relied upon the judgment of the Hon’ble Supreme Court in SLP (Civil) No. 22532 of 2012 (P.T. Koshy & Ors. Vs. Allen Charitable Trust & Ors.).

3.     Complainant filed his evidence by way of affidavit wherein, he has corroborated the contents of the complaint. On the other hand, the affidavit of Sh. Rajiv Kale, Registrar GGS filed on behalf of OP.

4.     Perusal of complaint along with annexures shows that the complainant has taken an admission in BBA on 11.7.2013  and paid a sum of Rs.40,000/-Subsequently, he took an admission in BA LLB Course on 24.7.2013 by paying a sum of Rs.53,000/-.  The complainant has lodged the first complaint with the OP regarding the refund of the deposited amount on 13.12.2013.  The circular dated 19.7.2013  attached with the written statement of the OP stated that candidate who want to withdraw from the admission shall apply the same either on 24.7.2013 or 25.7.2013.  The complainant was ought to apply for refund of the fees with the OP on or before 24.7.2013 or 25.7.2013 but he failed to do so and had applied for the same after the expiry of 5 months of the admission(approx).  The complainant failed to comply the terms and conditions of the admission/withdrawal of the OP; hence in our view he is not entitled for the relief claimed. 

5.     Therefore, we finds no merits in the present complaint, hence, same is hereby dismissed.

A copy of this order each be sent to both parties by post free of cost.  This final order be sent to server (www.confonet.nic.in ).        The file be consigned to the record room.

Pronounced in open Forum on 22/11/2018.

 

        ( ARUN KUMAR ARYA)

       PRESIDENT

 

                                           (H M VYAS)                                              (NIPUR CHANDNA)

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