<br /> O R D E R<br /> <br /> Smt.Bindhu M.Thomas, Member.<br /> <br /> The Petitioner's case is as follows.<br /> <br /> The petitioner is a student who wished to join General Nursing Course. The petitioner alleges that the opposite party advised him to join the Bhopal HSE course assuring that it would sufficiently quality her for admission to the general nursing courses. The opposite party on 15.3.2006 collected an amount of Rs.4300/- from the petitioner as tution fee for the HSE course which was proposed to commence from the first week of June 2006. The petitioner further alleges that after three weeks he came to know that the assurance given by the opposite party regarding the HSE certificate was unfounded. So on 10.4.2004 itself the petitioner intimated the opposite party that she is not joining the course and demanded the refund of collected amount. After repeated requests and demands the petitioner sent a lawyer's notice dated 19.5.06 to the opposite party demanding refund. The opposite party received the notice but neglected it. The petitioner alleges that the action of opposite party amounts to deficiency in rendering the promised services and hence prays for the refund of the amount, compensation and cost.<br /> <br /> <br /> <br /> <br /> -2- <br /> The opposite party entered appearance contenting that the petition is not maintainable before the forum as the petitioner is not a consumer and there is no consumer dispute between the petitioner and the opposite party. The opposite party contented that the petitioner had not made any enquiry regarding the Bhopal H.S.E course and has not informed him about the non-joining of the petitioner in the college. The opposite party further contented that he select only 100 students for every batch of Bhopal HSE course and the entire admission was full by the end of March 2006 and therefore he had to send some students back without giving admission to the above said course. According to the opposite party all the students who joined the course including the petitioner were given study materials and the petitioner's failure to attend the class will not bind him. Hence the opposite party prays to dismiss the petition by granting compensation and cost to the opposite party.<br /> <br /> Points for determination are:<br /> (i) Whether the petition is maintainable?<br /> (ii) Whether there is deficiency in service on the part of opposite party?<br /> (iii) Reliefs and costs?<br /> <br /> Evidence consists of affidavits filed by the Petitioner and the opposite party. Exhibits A1 to A4 were marked from the side of petitioner and Exhibit B1 was marked from the side of opposite party. <br /> <br /> Point No.1.<br /> <br /> The opposite party has a contention that petition is not maintainable because the petitioner is not a consumer and there is no consumer dispute between the petitioner and the opposite party. In our view imparting of education by an educational institution for consideration falls within the ambit of 'service' as defined in Consumer Protection Act. In this instant case the petitioner had hired the service of the opposite party for consideration. So he is a consumer as defined in the Consumer Protection Act.<br /> <br /> <br /> <br /> <br /> <br /> <br /> -3-<br /> <br /> Point No.2.<br /> <br /> It is not in dispute that the petitioner joined the opposite party's institution on 15.3.2006. Exhibit A1 is the copy of the receipt issued by the opposite party on 15.3.2006 for Rs.4300/- which would show that the petitioner was admitted in the opposite party's institution. Petition alleges that after three weeks, he came to know<br /> that the HSE certificate will not make her eligible for admission to nursing courses in Kerala as assured by the opposite party. The petitioner states that on 10.4.2006 itself he personally intimated the OP that he is not joining the course and demanded refund of the collected amount. Exhibit A2 is the notice dated 19.5.05 issued by the petitioner to the opposite party demanding them to refund the amount of Rs.4300/-.<br /> <br /> The question whether the student, who paid the fee is entitled to refund of fee when the student voluntarily left the institution would depend upon the facts and circumstances of this case. The opposite party avered that they take only 100 students for Bhopal HSE course for each batch and the entire admission for the said course was full by the end of March 2006 itself. No record of the college has been produced to prove this fact. It appears, this defence has been taken by the opposite party only to deny the refund of Rs.4300/-. In this case no evidence is brought before the forum to show that the seat which fell vacant when the petitioner left the college is filled up or not filled up with another candidate.<br /> <br /> Fees are paid for service to be rendered by way of imparting education by the educational institution. If there is no rendering of service question of payment of fee would not arise. In this case even though the petitioner joined HSE course by remitting Rs.4300/- she has not attended the course even for a single day. That means there is no rendering of service and therefore the amount is to be refunded.<br /> <br /> The opposite party failed to refund the admission fee even after repeated demands and issue of notice, Ext. A2. It is significant to note that no reply was issued by the opposite party to the above notice. Ext. A2. Therefore we hold that non-refund of amount will amount to deficiency in service. Point No. 2 is found accordingly.<br /> <br /> -4-<br /> Point No.3.<br /> <br /> In view of the findings in point No 1 and 2, we are of the opinion that the petitioner is a consumer and that the opposite party retained the amount without rendering any service to the petitioner. On the above ground we direct the opposite party to refund Rs.4300/-. As there is no evidence regarding the loss and sufferings no compensation is ordered. Opposite parties will also pay cost of Rs.250/- to the petitioner. Order will be complied with within 45 days from its receipt.<br /> <br /> APPENDIX<br /> <br /> Documents from the side of petitioner re marked as exhibits A1 and A2.<br /> <br /> Ext A1 - Photo copy of the receipt issued by opposite party.<br /> Ext.A2 - Copy of notice issued by the petitioner to the opposite party. <br /> Documents from the side of opposite party is marked as exhibit B1.<br /> Ext.B1. - Photo copy of certificate issued by Calicut University.<br />