Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Anil Kumar Singh
Member
Date of Order : 24.10.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the full amount of Rs. 33,500/- along with 18% interest from the date of admission.
- To direct the opposite parties to pay Rs. 50,000/- as compensation.
- To direct the opposite parties to pay Rs. 10,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that in good faith the complainant has filed an application in prescribed manner in Paramedical College Durgapur of which director is opposite party no. 2. The complainant took admission after paying Rs. 33,500/- as will appear from annexure – 2. The complainant discharged all his obligation and instruction given by opposite parties.
It is further case of the complainant that before allotment of roll number and attending the class of opposite party no. 1 the complainant came toknow from senior students that the atmosphere of the college is not suitable because experience faculty and attachment is not available with the college. Thereafter, she requested her father to get the deposited amount returned. Her father requested the staff of opposite party no. 1 to return the amount deposited in the college after cancelling the admission of the complainant and he was informed that admission of her daughter has been cancelled but the amount of Rs. 33,500/- will not be refunded. Thereafter reminder etc. were sent to opposite parties but the grievance of complainant has not been redressed.
In Para – 10 of complaint petition it has been specifically asserted that in the public notice i.e. annexure – 7 issued by secretary University Grand Commission, New Delhi, it is specifically mentioned that entire fee collected from the students after deduction of processing fee of not than Rs. 1,000/- shall be refunded by the Institution/University to the student withdrawing from the program. The circular has been annexed as annexure – 8.
The grievance of the complainant is that despite repeated request her grievance has not been redressed by opposite parties.
From order sheet dated 07.09.2015 it transpires that the notices issued to opposite parties returned with note “refused” hence refusal Tamila was declared valid and the opposite parties were allowed several opportunity to file written statement when the opposite parties did not filed written statement despite allowing several opportunity then opposite parties were debarred from filing written statement and the case was heard ex – parte.
As the aforesaid fact has been asserted by complainant on oath and there is no counter version of the opposite parties hence we have no option but to rely on the fact and statement asserted by the complainant on oath which clearly show deficiency on the part of opposite parties.
For the reason stated above we direct the opposite parties to refund the amount of Rs. 33,500/- ( Rs. Thirty Three Thousand Five Hundred only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on the above said amount of Rs. 33,500/- ( Rs. Thirty Three Thousand Five Hundred only )till its final payment.
Opposite parties are further directed to pay Rs. 15,000/- ( Rs. Fifteen Thousand only) to the complainant by way of compensation and litigation cost within the period of two months.
Accordingly, this complaint stands allowed to the extent referred above.
Member President
