SRI BIJAYA KUMAR DAS,PRESIDENT:-
Unfair trade practice and Deficiency in service in respect of non-refunding of admission fees of the complainant are allegation arrayed against Ops.
2. Complaint, in brief reveals that complainant by paying an amount of Rs. 15,000/- took admission in to +2 Science stream in ALFA BEST College of Science & Technology(Op No.1) on dtd. 08/07/2014 with Roll No. as 071. The Op No.1 also issued money receipt which is filed into the dispute as Annexture-C-I. After admission complainant stayed for four(4) days in the college hostel and watching the poor hostel condition and teaching standard took his transfer on dtd.01/09/2014 for admission into S.V.M.S. College, Choudakulat on payment of T.C. processing fees of Rs. 200/- and obtained the money receipt of transfer which is filed into the case as Annexture-C-II. It is revealed from the complaint petition that as per the State Govt. circular No.23259 dtd.30.9.2014 and circular No. 17812dtd. 9/9/2013. The complainant deserves to get back the tuition fees from Op No.1. The copy of the State Govt. circular are filed into the case as Annexture-C-V& VI . When after much perusation to Op No.1 by the complainant to get back his admission amount and failed in his attempt, complaint issued an Advocate’s Notice to Op No.1 on 15/11/2014 and on the same date farther of the complainant made a representation to Addl. Secretary, Department of Higher Education, Govt. of ODISHA,(Op No.3). both copy of the legal Notice and representation dtd. 15/11/2014 are filed into the dispute Annexure-C- III & IV. When the complainant failed to get back his admission fees took Sheller of the Forum with prayer that a direction may be issued to Ops for refund of admission fees along with cost and compensation for mental agony.
3. Being noticed OP No.1 &2 appeared through their Ld. Counsel and filed w/s into the dispute. Though Op No. 3 appeared through Ld. Govt. Pleader but did not prefer to file any w/s, hence the Op No.3 was set ex-parte U/S 13(2)(b) of C.P.Act,1986, Accordingly in the dispute Op No. 1&2 are contesting ops . In the w/s contesting ops challenge the maintainability of the complaint as complainant cannot be treated as a ‘consumer’ as per the definition of C.P.Act. 1986. In para-wise reply contesting ops deny the allegations of complainant and recite the factual aspect of the case. The fact of the case in nutshell as per the w/s that complainant took admission in to 1st Year +2 Science course on 8/7/2014 by paying an amount of Rs. 15,000/-(1st installment) towards admission and hostel fees, the w/s reveals that as the Op college is a self-financing residential college , Complainant has to pay Rs. 75,000/- P.A. which includes the admission, tuition fees and hostel charges etc. The complainant after staying for months in college hostel left the transfer certificate on 1/9/2014 to read some where else. It is averred in the w/s that after due consideration of payment of Rs. 15,000/- complainant has to pay Rs. 2,5000/- more as his dues for fooding 2 pairs of college uniforms and bag, when complainant made his grievance before Collector, Kendrapara, Op No.1 replied the same in details, the copy of the reply submitted to Op No.3 is annexed as Annexture-A/1. It is further averred that contesting Ops have not committed any deficiency in service rather the complainant has caused loss to the Institution as his seat still remains vacant till date.
4. Heard the arguments of father of the complainant who presented the case on behalf of the complainant and Ld. Counsel for Op no.1 &2 gone through the Annextures, Notes on argument filed by the parties. The admitted facts of the case are that complainant took an admission on 1st year +2 Science College under AIFA BEST College of Science and Technology, Kendrapara (Op No.1) on 8/7/2014 by paying an amount of Rs. 15,000/-. It is also admitted fact that complainant took his transfer certificate on 01/09/2014 from Op- College to read in another college.
Complainant is filed on allegation of non-refund of admission fees after deduction the processing fees in case of the transfer as per the circular issued by the State Govt. On the other hand Op-College countered that as it is a self-financing residential College, the student has to pay the admission/ tuition fees along with hostel charges for their study and question of refund of admission fees does not arise rather the complainant has to pay some remaing balance as outstanding dues. Complainant to substitutiate his case filed Xerox copy of Money receipt(Annexture-C-I), Xerox copy of transfer processing fees(Annexture-C-II), Xerox copy of Govt. circulars dtd. 30/9/2014 and 9/9/2013(Annexture-C- V&VI). No annexture is filed by contesting ops through the same is reflected on the w/s as Annexture-A/1.
The admitted fact of admission on Op-College is strengthen by Annexture-C-I the copy of the money receipt of Rs. 15,000/- granted by Op-College in support of admission of complainant namely Sri Ganesh Chandra Pradhan on 8/7/2014 having Roll/ Regd. No.-071 for the academic year 2014-16. Equally it is clear from the Annexture-C-V the order of the Deptt. of Higher Education, Govt. Of ODISHA vide letter no.23259/A.E. dtd. 30/9/2014 and Annexture-C-VI which bears the letter no,17812 dtd,9/7/2013 of the Govt. of ODISHA, Deptt. of Higher Education, both the letter reveals that the students are entitled to get back the entire admission fees along with relevant certificates, after deducting Rs. 100/- as processing fees within one normal period of e-admission.
It is to be decided by the Forum that whether the claim of the complainant regarding return of admission fees is legally sustainable or not ? The documents filed into the dispute reflects that complainant took his admission to OP- College on 8/7/2014 for the academic year 2014-16 by paying an amount of Rs. 15,000/- as admission fees and obtained the money receipt(Annexture-C-I). it is also clear that complainant took the transfer certificate on 1/9/2014 from Op- College by paying Rs. 200/- to read +2 Science at S.V.M.S. College, Choudakulat. It is alleged that the authority of Op-college did not refund the admission fees by violating the Govt. orders(Annexture-C-V&VI). On the other hand contesting Ops case are that as the college is a self- financing college entirely depends on the tuition fees of students. It is also the case of the contesting ops that complainant deposited Rs. 15,000/-towards as 1st installment for admission and hostel fees, which also includes 2 nos of college uniforms and college bag. It is also submitted that complainant after taking the transfer certificate, the perticular seat remains vacant for the specific academic year and the complainant took his transfer on 1/9/2014 and stayed for near about 2 months on college hostel and complainant has to pay certain dues as an outstanding arrear amount on scrutiny of Annexture-C-I, the money receipt issued by the op-college wherein there are different heads which remains blank, only in the column admission/tuition fees it is mentioned that complainant has paid only Rs. 15,000/- towards admission/tuition fees. The submission of contesting Ops regarding payment of hostel dues and other charges are not mentioned on the Annexture-C-I the money receipt. In the dispute the money receipt (Annexture-C-I) is a vital price of document to decide the fateof the case, when there is no mention on the money receipt and payment of amount is an installment towards total outstanding dues for the 1st year +2 Course. We can’t held that the payment of Rs. 15,000/-made on 8/7/2014 by the complainant was meant for the year which includes the hostel fees and etc. Further the Annexture-C-V the letter of the Deptt. of Higher Education, Govt. Of ODISHA clearly instructed to all the colleges including the self- financing college to refund the entire admission fees of the student except Rs.100/- as processing fees. Accordingly on presentation of money receipt (Annexture-C-I) the Govt. of ODISHA letter (Annexture-C-V) and in the absence of any substantial evidence of complaint’s staying at College hostel, we are of the unanimous view that complainant deserves to get back his admission fees of Rs. 14,900/-. The Op- College withelding the said amount from 1/9/2014 to till date is deficiency on service. Op No.3 the Addl. Secretary to Govt, Deptt. Of Higher Education, ODISHA has no rule to pay on the dispute, hence we freed Op No.3 from any such liability of deficiency on service.
On ground of maintainability contesting Ops raised that complaint can’t maintainable before this Forum as complainant can’t be treated as a ‘consumer’ as per definition of C.P.Act.1986, In this regard, we are of the opinion that admittedly Op-college is a self-financing college imparts education by taking a good money from the complainant-student, thus it is a transaction where complainant-student paying the ‘consideration amount’ hires the service of ‘teaching’ from Op-college. Our observation is supported by the decision of Hon’ble National Commission reported in 2014(1) CPR,564 in case of Bharatiya college of Agriculture vs Sagar Singh and another. In the circumstance the present complaint is maintainable before this Forum.
Having observations reflected above, it is directed that Op No.1 will refund the admission fees of Rs. 14,900/- to the complainant with 6%interest from 02/09/2014 to till its realization along with litigation cost of the Rs. 1,000/- within one month of the receipt of the order, failing which 9% interest will be charged for the delayed period.
Accordingly, the complaint is allowed in part with cost.
Pronounced in the open Court, this the 14th day of October,2016.
