1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended up-to- date (Here-in-after referred to as an ’Act’). The brief facts of the complaint are that the complainant took admission in ETT, Punjab through E-Cash Coupon and deposited Rs.500/- with Form No.204174 in http://2012.ettpunjab.net/studentMyPage.aspx under the name of Amandeep Kaur Grewal d/o Kulwant Singh Grewal on 05.10.2010. Under Form No.204174, the choices were given by the Federation of Self Financed Colleges Education for the Punjab E.T.T., 2010 and the option of the Colleges was to be filled by the candidate according to the merit list declared by Federation Colleges and choices. Twenty five choices were randomly given to the students and out of those choices, the candidate has option to choose the College on the priority basis. The present paper fee was paid, the payment status for counseling confirms this, the payment which was paid through e-cash and a computer generated receipt was issued, which required no signature. On 19.10.2010, the list was released by Federation of Self Financed Colleges of Education (Regd.) Punjab E.T.T. admission session 2010-12, the complainant submitted Rs.5,000/-vide receipt No.1687 and allotment No.204174 in General Category was issued. On the same day, she deposited Rs.5,000/- vide receipt No.5327 but Aklia College did not mention the particulars of the amount charged from the candidate and there is no signature on the receipt which was given by the said College. On 20.10.2010 through receipt No.5713, the complainant again deposited Rs.21,500/- in Punjab & Sind Bank, Branch at Goniana Mandi, Distt. Bathinda. The amount of Rs.21,500/- paid by her, includes Prospectus fee Rs.500/-, College Security Rs.1,000/- and College fee for first installment Rs.20,000/-. The complainant had purchased the Prospectus and filled the admission Form after duly confirming that medium of instructions will be in English. The complainant started her classes in the said college but the medium of instructions was Punjabi only and mode of teaching was also Punjabi and there was no arrangement for English medium students. Thereafter, the complainant approached to the Chairman of Aklia Educational & Research Society, Bathinda but no relief was given to the complainant and thereafter, she approached telephonically to the Registrar Office of Punjabi University, Patiala and also talked to National Council for Teacher Education, Northern Office, Jaipur. The complainant has alleged that she has been cheated by the said College as well as by all the opposite parties and specifically pleaded that the opposite party Nos.2 to 4 are responsible for her mental tension, agony, botheration, harassment and financial loss etc. The opposite party No.1 uses unfair trade practice with the support of other opposite parties. She has been cheated by the said Aklia College for providing wrong information and refused to refund the amount paid by the complainant. Hence, the complainant has filed the present complaint with prayer to refund Rs.32,000/- with interest, Rs.4,50,000/- for mental tension and harassment alongwith Rs.11,000/- as cost of litigation expenses.

2. The opposite parties have filed their joint written statement and pleaded that the complainant has filed the present complaint only out of grudge because her name was struck down from the College rolls w.e.f. 10.01.2011 on account of her long absence and the Aklia College of Education for Women gave three notices to different students including the complainant i.e. dated 10.12.2010, 23.12.2010 and 31.12.2010 but despite all these three notices, requiring the complainant to become regular to attend the classes otherwise her name will be struck down and will not be able to take examination but the complainant never cared to become regular to attend her classes and ultimately her name was struck down from the College rolls. An intimation in this regard was sent to the complainant on her address on 15.01.2011. The opposite parties have admitted that the complainant sought her admission in Aklia College of Education for women on the basis of her name allotted by Federation of Self Financed Colleges of Education, Punjab for the Session 2010-12 of the said College and the said College admitted her name in E.T.T. Course on the recommendation of Federation of Self Financed Colleges of Education, Punjab and as per their instructions, all the candidates who took admission in E.T.T. Course, are to appear in the examination only in Punjabi medium. Moreover, the complainant never opted for English medium and the said College never enrolled or offered the complainant, English medium. The opposite parties admitted that the complainant deposited Rs.5,000/- with the Aklia College of Education on 19.10.2010 and denied that the complainant ever consulted the Principal of the said College about the instructions in English medium of E.T.T. Course and regarding the examination of E.T.T. Course in English medium. The complainant submitted the admission Form but in the said Form, she has neither mentioned about her desire for English medium nor she has attached any application or request for English medium in E.T.T. Course. The complainant came to the College only for few days and after that the complainant herself absented from attending the College despite that the Aklia College of Education for Women firstly put up notices on the Notice Board regarding the absence of the complainant and other students and ultimately striking down the name of the complainant from the roll of the College from 10.01.2011 on account of her long absence from the College. The complainant never opted for English medium for studying in E.T.T. Course and she never met with the Chairman of Aklia Educational and Research Society, Bathinda with any grievances.

3. Parties have led their evidence in support of their respective pleadings.

4. Arguments heard. Record alongwith written submissions submitted by the parties perused.

5. The complainant got admission in E.T.T., Punjab through E-Cash Coupon and deposited Rs.500/- with Form No.204174 in http://2012.ettpunjab.net/studentMyPage.aspx on 05.10.2010. In this Form, various choices were given and the option of the Colleges was to be filled by complainant according to the merit list declared by Federation Colleges. Out of 25 choices, the candidate has opted to choose the College on priority basis. On 19.10.2010, the list was released by Federation of Self Financed Colleges of Education Punjab E.T.T. admission Session 2010-12, the complainant submitted Rs.5,000/- under receipt No.1687 and allotment No.204174 in General Category and Aklia College of Education for women was alloted by Federation of Self Financed Colleges of Education, through its Chairman Sh. S.P. Bansal, Punjab University, Chandigarh. On 20.10.2010 through receipt No.5713, the complainant again deposited Rs.21,500/- in Punjab & Sind Bank, Branch at Goniana Mandi, Distt. Bathinda which includes Prospectus fee of Rs.500/-, College Security Rs.1,000/- and College fee first installment Rs.20,000/-. The complainant had taken the Prospectus and filled the admission Form properly and submitted the same to the Principal of Aklia College of Education for women after duly confirming that English medium instructions and papers of the said Courses are to be taken in English medium. Thereafter, the complainant started her classes in the said College premises but it came to the knowledge of the complainant that instructions of studies are in Punjabi medium and mode of teaching is Punjabi and there was no arrangement for English medium students. After that, the complainant approached the Chairman of Aklia Educational & Research Society, Bathinda but no relief was given to the complainant. Thereafter, she talked telephonically to the Registrar, Office of Punjabi University, Patiala and also talked to National Council for Teacher Education, Jaipur. The complainant has alleged that she has been cheated by the Aklia College of education for women for providing wrong information in the Prospectus and the said College had ruined her future and had refused to refund the amount paid by the complainant despite repeated requests of the complainant.

6. The opposite parties have submitted that this complaint is not maintainable as the complainant has not impleaded the Aklia College of Education for women as a necessary party. The complainant has filed the present complaint out of grudge against the opposite parties because her name has been struck off from the College with effect from 10.01.2011 on account of long absence. The Aklia College of Education for women gave three notices to different students including the complainant on different dates i.e. dated 10.12.2010, 23.12.2010 and 31.12.2010 but despite these notices requiring the complainant to become regular to attend the classes, otherwise her name will be struck down, she will unable to take examination but the complainant never cared to become regular to attend her classes and ultimately her name was struck down from the College and due intimation in this regard was sent to her on her given address. The opposite parties have further submitted that it is matter of common knowledge that under the Federation of Self Financed Colleges of Education, Punjab, as per their instructions all candidates who took admission in E.T.T.Courses are to appear in the examination only in Punjabi medium. Moreover, at the time of taking admission in the Aklia College of Education for women, the complainant never opted for English medium as she has now alleged in the complaint that the Aklia College of Education for women enrolled or offered the complainant, English medium. The complainant neither intimated the opposite parties nor the Aklia College of Education for women, regarding the deposit of amount of Rs.500/- to the Federation of Self Financed Colleges of Education Punjab. The opposite parties have further submitted that no proceedings are taken place in the presence of the opposite parties or with the consent of the opposite parties. The opposite parties have admitted the fact that the complainant deposited Rs.5,000/- with Aklia College on 19.10.20100 but denied that the complainant has ever consulted the Principal of Aklia College of Education for women about the instructions in English medium of ETT course and regarding the examination of ETT course in English medium. In fact, it was clear to the complainant from the very beginning that the course of ETT is in Punjabi, the examination which are to be conducted as per instructions of Federation of Self Financed of Education, Punjab is in Punjabi language. The opposite parties have further submitted that the complainant had submitted the admission Form in the College to Administrative Officer but in the said Form, she has neither mentioned her desire for English medium nor she has attached any application for English medium in the ETT course. The whole story made by the complainant to pressurize the opposite parties as well as the Aklia College of Education so that she may be able to appear in the examination without attending the College. The complainant who come to the College only for few days and remained absent from the classes despite that the Aklia College of Education, put notices on the ’Notice Board’ regarding absence of complainant and other students and ultimately, striking down the name of the complainant from the rolls of the College from 10.01.2011 on account of her long absence from the College. The Aklia College of Education for women had never promised or offered the complainant English medium for studying in the ETT course and she has neither met the Chairman of Aklia Educational and Research Society, Bathinda nor approached the Registrar’s office of Punjabi University, Patiala nor talked to National Council for teacher education, Northern Office, Jaipur. Her name was struck down from the College on account of long absence, she is not entitled to any refund of fee from the Aklia College of Education for women and neither she made any such request to the said College.

7. A perusal of Ex.C-2 which is a receipt shows that the complainant had paid Rs.500/- which are not refundable and further vide Ex.C-3, the opposite parties under Federation of Self Financed Colleges of Education, Punjab ETT, 2010 have issued a list of Institution to the complainant. The complainant had paid the amount through e-cash coupon vide Ex.C-4. She had paid Rs.5,000/- vide Ex.C-5 dated 19.10.2010. Thereafter, she deposited Rs.21,500/- on 20.10.2010 vide receipt No.5713 Ex.C-7. A perusal of Ex.C-9, the Prospectus of Aklia College of education for women (Affiliated to Punjabi University, Patiala) shows on page No.3, Medium of Instructions and Examination which is reproduced as under:-

“For E.T.T. Course, the medium of Institution can be Punjabi/English/ Hindi as per the option of the candidate. Medium of examination is Punabi and English for the entire course. The candidates who have not student the subject of Punjabi in lower exams, may answer questions in Hindi Medium.”

8. Dr. Deependra Nath, Principal, Aklia College of Education for women, Aklia Kalan, Distt. Bathinda has deposed in his affidavit Ex.R-1 that the complainant has filed the present complaint out of grudge because her name was struck down from the College rolls on 10.01.2011 on account of long absence from the College. Before the name of the complainant was struck down from the College roll, three notices dated 10.12.2010, 23.12.2010 and 31.12.2010 were given to her but she remained absent from the College and due intimation was sent to the complainant on her residential address. Moreover, the complainant herself never opted for English medium. The opposite parties placed on file Ex.R-2 to Ex.R-4 notices which were sent to the complainant.

9. The plea taken by the opposite parties that her name has been struck off from the College due to non attending the classes, is false as the complainant has herself pleaded in her complaint that after attending few classes, she came to know that the instructions of medium and examination are in Punjabi and she has to take examination in Punjabi whereas she has opted for English medium. She stopped coming to the College and requested the opposite parties to refund the fee but the opposite parties refused to do so which clearly shows the deficiency in service as well as unfair trade practice on the part of the opposite parties.

10. Hence, in view of what has been discussed above, this Forum concludes that there is deficiency in service on the part of the opposite parties. Therefore, this complaint is accepted with Rs.2,000/- as cost and compensation and the opposite parties are directed to refund the amount of fee deposited alongwith college security Rs.1,000/- + Rs.5,000/- deposited by the complainant on 19.10.2010 Ex.C-6 after deducting the proportionate fee for the period of one month for which she has attended the classes from Rs.20,000/- i.e. college fee installment-I vide Ex.C-7. Compliance of this order be done within 45 days from the date of receipt of copy of this order. In case of non compliance, the amount which is to be refunded will carry interest @ 9% per annum till realization.

11. A copy of this order be sent to the parties concerned free of cost and file be consigned for record. ’

Pronounced

24.05.2011

(Vikramjit Kaur Soni)

President

(Dr. Phulinder Preet)

Member

(Amarjeet Paul)

Member