DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No.591 of 13-12-2012
Decided on 22-03-2013
Amanpreet Kaur D/o Sikander Singh R/o House No.15335-A, St.No.6, Gurdial Singh Dhillon Nagar, Joga Nand Road, Bathinda.
........Complainant
Versus
1.Punjab Technical University, Jalandhar, Giani Zail Singh Campus, Dabwali-Badal Road, Bathinda, through its Campus Director/Vice-Chancellor/Chairman/Deputy Registrar (Accounts).
2.Giani Zail Singh College of Engineering & Tehnology, Dabwali-Badal Road, Bathinda, through its Principal/Chairman.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh.Amarjeet Paul, Member.
Smt.Sukhwinder Kaur, Member.
Present:-
For the Complainant: Sh.Gaurav Vinocha, counsel for complainant.
For Opposite parties: Sh.Rohit Jain, counsel for opposite parties.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant took admission in M.C.A (Ist Semester) with the opposite parties at Bathinda, for session 2012-13 & he was allotted a seat purely on provisional basis subject to approval of the Punjab Technical University Jalandhar vide letter dated 10.8.2012 against deposit of Rs.51,075/- as fee of Ist semester on 10.8.2012. Due to some domestic problems which included transfer of her father from Bathinda, it was not possible for the complainant to continue with her admission and requested for the refund of deposited fee i.e. Rs.51,075/-. On dated 14.8.2012 when the complainant applied for the cancellation of her admission and refund of her deposited sum, admission in M.C.A (Ist semester) were going on and further counsellings were due up-till end of August 2012. On moving the said application, the opposite parties are fully aware about the leaving/cancelling the seat by the complainant and they have given admission to the other students subsequent to 14.8.2012. The approval of the University was yet due regarding the confirmation of seat to the complainant by 14.8.2012, when he moved her said application. The certificates of the complainant were yet to be checked and classes of M.C.A were also yet to commence, which were due from 1.9.2012. At the time of moving the application on dated 14.8.2012, the officials concerned of the opposite parties assured the complainant verbally that the deposited sum of Rs.51,075/- shall be refunded through cheque, which will be sent at her address through Post in due process. The complainant alongwith her grandfather visited the opposite parties time and again for getting the refund of Rs.51,075/-, but all the time the official concerned told that her application is under process. On 30.11.2011/1.12.2012 the complainant accompanied by a latter dated 28.11.2012 received a cheque No.038321 dated 19.11.2012 for Rs.8000/- only from the opposite parties stating it to be on account of refund. The complainant vide application-cum-notice dated 3.12.2012 sent through registered post dated 4.12.2012 intimated the opposite parties that the said refund is not acceptable to her and she is getting it encashed under protest reserving the right to receive back remaining sum and further requested to make the refund of the balance amount of Rs.43,075/- immediately. Hence the complainant has filed the present complaint to seek the directions to the opposite parties to refund the remaining amount of Rs.43,075/- alongwith cost and compensation.
2. Notice was sent to the opposite parties. The opposite parties after appearing before this Forum have filed their joint written statement and pleaded that the admission of the complainant was confirmed and was not on the provisional basis. Few students have got admission after 14.8.2012 but those admissions were against other vacant seats. The seat surrendered by the complainant is still lying vacant as there is no waiting list of the candidates. The classes for the M.C.A started on 16.7.2012 as per the academic calender of PTU. No assurance was given by the opposite parties for the refund of Rs.51,075/-, rather it was told to the complainant that the appropriate amount as per the rules of PTU shall be refunded to her. The complainant never visited the opposite parties alongwith her grandfather as alleged by her. The deduction of Rs.43,075/- was correctly made as per the rules of PTU. The complainant surrendered the seat after starting of the session and classes i.e. after 16.7.2012 and the seat remained vacant till date therefore she was not eligible for the refund of her fee. Only Rs.8000/- being security was refunded as per the rules of PTU and AICTE. The complainant has accepted the refunded amount and has no further right or claim for the fee forfeited by the opposite parties and validity of rules framed by PTU/AICTE cannot be challenged in consumer forum.
3. The parties have led their evidence in support of their respective pleadings.
4. Arguments heard. The record alongwith written submissions submitted by the parties perused.
5. Admitted facts of the parties are that the complainant took admission in M.C.A (Ist Semester) with the opposite party No.1 at Bathinda, for session 2012-13 & was allotted a seat vide letter dated 10.8.2012 against deposit of Rs.51,075/- as fee of Ist semester on 10.8.2012. The complainant applied for the refund of the fee and the opposite parties have refunded the amount of Rs.8000/- to her as per the rules of PTU and AICTE.
6. The submission of the complainant is that the seat was purely on provisional basis subject to approval of the Punjab Technical University Jalandhar vide letter dated 10.8.2012. Due to some domestic problems and transfer of her father from Bathinda, the complainant applied for the cancellation of her admission and refund of her deposited sum on dated 14.8.2012, at that time admissions in M.C.A were going on and further counsellings were to continue upto the end of August 2012. After receiving the said application the opposite parties were fully aware about the leaving/cancelling of the seat by the complainant and they have given admission to the other students subsequent to 14.8.2012. The approval of the University was yet due regarding the confirmation of seat to the complainant by 14.8.2012, when he moved her said application. The certificates of the complainant were yet to be checked and classes of M.C.A were also yet to commence, which were due from 1.9.2012. At the time of moving the application on dated 14.8.2012, she was assured by the officials concerned of the opposite parties verbally that the deposited sum of Rs.51,075/- shall be refunded through cheque, which will be sent at her address through Post in due process. On 30.11.2011/1.12.2012 the complainant has received a cheque No.038321 dated 19.11.2012 for Rs.8000/- only on account of refund alongwith a letter. The complainant sent application-cum-notice dated 3.12.2012 through registered post dated 4.12.2012 to intimate the opposite parties that the said refund is not acceptable to her and she is getting it encashed under protest and further requested to pay the balance amount of Rs.43,075/-.
7. On the other hand the submissions of the opposite parties are that the admission of the complainant was confirmed and was not on the provisional basis. Few students have got admission after 14.8.2012 but those admissions were against other vacant seats. The seat surrendered by the complainant is still lying vacant as there is no waiting list of the candidates. The classes for the M.C.A started on 16.7.2012 as per the academic calender of PTU. No assurance was given by the opposite parties for the refund of Rs.51,075/-, rather it was told to the complainant that the appropriate amount as per the rules of PTU shall be refunded to her. The complainant never visited the opposite parties alongwith her grandfather as alleged by her. The amount has been paid as per the rules of PTU and AICTE.
8. The complainant has deposited the fee of Rs.51,075 for the first semester of M.C.A on dated 10.8.2012 and applied for the cancellation of the seat on dated 14.8.2012 i.e. just 4 days after the deposit of the fee and her application was duly received by the opposite parties on dated 14.8.2012. On the request of the complainant the amount of Rs.8000/- vide Ex.C5 letter No.9691 dated 28.11.2012 was refunded to her on account of the refund of the fee vide cheque No.038321 dated 19.11.2012. After receiving the said cheque, the complainant again wrote a letter dated 3.12.2012 to the opposite parties vide Ex.C7 and sent the same through registered post on dated 4.12.2012, in this letter she has told them that she has received the said cheque of Rs.8000/- under protest and the remaining amount shall be refunded to her as per the Rules & Regulations of PTU and AICTE. In reply to the said letter the opposite parties have sent a letter dated 1.1.2013 vide Ref.No.05, by this letter they conveyed that the seat surrendered by the complainant has not been filled till date as the seat remained vacant, as per AICTE/UGC notification No.13/105/10-1TE2/170 dated 12.1.2012 the refund of Rs.8000/- has already been sent to her.
9. To support their version the opposite parties have placed on file Ex.R1, the Notice regarding Academic Calendar Session July-Dec, 2012 and Ex.R2 the Admission Notification No.PTU/Reg/NF/10 dated 10.5.2012, this shows that M.C.A (semester 1/course) contains 60 seats and has also placed on file Ex.R3 containing the list of 44 students and in this list the date of admission of the complainant is shown as 10.8.2012 and date of surrender the seat is 14.8.2012. A minute perusal of Ex.R3 shows that many students took admission after surrendering the seat by the complainant i.e. approximately 13 students took admission after surrendering the seat by her and the total filled seats were shown as 44. No waiting list have been prepared as there arises no question of preparing the waiting list.
10. If for the arguments sake it is believed that the seats remained vacant and the total 60 number of seats allotted has not filled in the Institution then how it is attributed to the complainant that seats remained vacant due to her surrendering of seat. The seats do not remain vacant due to the surrender of the seat by the complainant. If the complainant would not have surrendered her seat even than 15 number of seats remained vacant. The list shows only 2 students have surrendered the seats meaning thereby 42 seats were filled and rest remained vacant. There is no fault of the complainant if the seat surrendered by her or other seats remained vacant and filled. As per letter No.11155 dated 15.11.2012 Ex.R4, the seats remained vacant in M.C.A (Ist semester) upto 30.9.2012 were 18. Vide Ex.R6 the Reporting in Allotted Institutions (for eligibility checking & admission fee deposition:- State Date is 3.8.2012 9:00 AM to 8.8.2012 5:00 PM. The complainant has deposited the fee on 10.8.2012 and applied for the refund on 14.8.2012. Thus as per the refund rules of Punjab Technical University (PTU), rules for adjustment/refund of initial deposit and other fees as per notification No.13/105/10-1TE2/170 dated 12.1.2012, the complainant is entitled to get the entire refund of the fees after deduction of processing fee of not more than Rs.1000/-. The amount of Rs.8000/- has already been refunded to the complainant by the opposite party No.2.
11. Therefore in view of what has been discussed above there is deficiency in service on the part of the opposite party No.2. Hence this complaint is accepted with Rs.3000/- as cost and compensation against the opposite party No.2 and dismissed qua the opposite party No.1. The opposite party No.2 is directed to pay the remaining amount of Rs.43,075-Rs.1000/-=Rs.42,075/-. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.
12. In case of non-compliance the interest @ 9% per annum will yield on the amount of Rs.42,075/- till realization.
13. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
22-03-2013
Vikramjit Kaur Soni
President
Amarjeet Paul
Member
Sukhwinder Kaur
Member
