RAJASHREE AGARWALLA,MEMBER:-
Allegation of Deficiency in service in respect of non-refund of admission fees are the allegations arrayed against Ops.
2. Complaint, in brief reveals that, Complainant being a brilliant student and after completion of 10+ Examination admitted himself into +2 Sc. Stream with Op No.4, Kalinga Bharati Residential College, Pirabazar, Cuttack on dt. 26.06.2018. But due to family problem and on the assurance of OP No.1 College authorities transferred his admission to Alphabest College of Science & Technology, Kendrapara on dt. 22.07.2018 for the academic session 2018-19 and demand Rs. 1300/-, which was deposited by the Complainant alongwith required documents, OpNo.1 College authorities granted money receipt vide Sl. No. 737 in support of the said payment. It is also alleged that, Op No.1 College authorities asked the complainant to deposit further Rs. 25,500/- for admission fees and complainant deposited the amount with Op No.1 College authorities and obtained money receipt bearing No. 740 dt. 27.07.2018. It is further alleged that, without any valid reason the Op No.1 College authorities did not allow the complainant to continue as a student and return the transfer certificate issued by OpNo.4, College authorities without refunding the amounts deposited with Op No.1 College authorities. Complainant subsequently came to know that, the OpNo.1 College authorities, though accepted the deposited amount alongwith other documents but did not take any effective steps to admit the complainant as a student of +2 Science for the academic year 2018-19. It is revealed from the complaint that such acts of the Op No.1 College authorities gave mental agony to a brilliant student and his family members. The complainant at last finding no other alternative admitted himself again on OpNo.4 College, Kalinga Bharati Residential College. Complainant pryes this forum seeking directions to OP No.1 for refund of Rs. 25,830/- alongwith 9% interest from the date of admission and seeks further direction to OpNo.1 to pay Rs. 53,000/- as compensation of mental agony alongwith cost of litigation.
3. Though Notice was served to the Ops through Regd. Post by this Forum, but all the Ops did not prefer to appear into the dispute, hence set ex-parte by this Forum vide order No.12 dtd. 12.03.2019.
4. Heard ex-parte submissions of the Authorized Representative appeared for the complainant and perused the money receipts granted by Op No.1 College authorities bearing Sl. No. 737 dtd. 22.07.2018 for Rs. 1300/- and Sl. No. 740 dtd. 27.07.2018 for Rs. 25,500/-. As the allegations are non-rebuttal in nature and not defended by the Ops, We, accept the version of the complainant and liable Op-Alphabest College of science and Technology, Kendrapara for committing deficiency in service by not allowing a Complainant-student to continue his study even after received of the due admission fees, the Op No.1 College authorities again made a huge error by not refunding the admission fees deposited by the complainant, which definitely caused financial loss and mental agony not only to complainant but his family member and Op no.1, Principal and Op no.2 Managing Director, Alphabest College of Science and Technology, Kendrapara are vicariously liable for the negligency committed by them. We freed other Ops as no relief has sought against Op No.3 & 4.
Hence, it is directed that, Op No.1 Principal, Alphabest College of Science and Technology shall refund Rs. 26,800/- (Rs. Twenty Six thousand Eight hundred only) alongwith 9% simple interest calculating from dt. 27.07.2018 to till its realization. It is also directed the Op No.1 shall pay an amount of Rs. 10,000/- (Rs. Ten thousand only) as compensation for mental agony alongwith Rs. 2,000/- (Rs.Two thousand only) as cost of litigation. The ordered amount shall be paid to the complainant within one month of receipt of this order, failing which 12% compound interest will be charged for the delayed period and action be initiated against Op-Alphabest Science College authorities as per the provisions of C.P.Act-1986.
Complaint is allowed in-part with cost on ex-parte.
Pronounced in the open Court, this the 10th day of April,2019.
I, agree.
Sd/- Sd/-
RESIDENT MEMBER
