Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 549
Instituted on : 28.09.2023
Decided on : 11.06.2024
Ved Parkash s/o Sh. Surajbhan R/o Ward No.23, Gautam Nagar, Near Railway Phatak, Riya Nursery Gohana, District Sonepat.
……….………….Complainant.
Vs.
- Pt. Bhagwat Dayal Sharma Post Graduate Institute of Medical & Science Rohtak through its Dean.
- Pt. Bhagwat Dayal Sharma Post Graduate Institute of Medical & Science Rohtak Through its Hostel Superintendent.
...........……Respondents/opposite parties.
COMPLAINT UNDER CONSUMER PROTECTION ACT.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Complainant in person.
Sh.Vipin Goel Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that son of complainant namely Varun Kumar took admission in MBBS course in the institute of opposite parties. His son was allotted a room number 724 dated 31.08.2023 in the hostel but the same was not vacated by his senior. His son did not enter in that room and his class was started on 01.09.2023. He stayed with the other boys in another room for 4-5 days and for some days he stayed at the house of his relatives at Rohtak. He took diet only for 15 days and on 11.09.2023 his son was upgraded to another college in Indira Gandhi Medical College Shimla. He moved an application on dated 11.09.2023 to the Medical Superintendent and Dean about the same and left the Institute. Complainant requested the opposite parties to refund of hostel fee. But the opposite parties only refunded the tuition fee and did not refund the hostel fees despite repeated requests and visits of the complainant to the office of opposite parties. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the hostel fee alongwith interest and compensation to the complainant.
2. After registration of complaint, notices were issued to the respondents/opposite parties. Opposite parties in their reply has submitted that Mr.Varun Kumar got admission in MBBS Course in PGIMS Rohtak on 24.08.2023 and paid Rs.23050/- as hostel fee to stay in the boys hostel on 31.08.2023. He got upgraded to other college and as such he was relieved from MBBS Course in Pt. B.D.Sharma PGIMS Rohtak on 12.09.2023 alongwith his original documents including demand draft of Rs.80000/- and he is no more student of MBBS course in PGIMS. The superintendent Boys Hostel PGMIS Rohtak has informed that Mr. Varun Kumar stayed in boys hostel PGIMS Rohtak for 12 days. The competent authority of PGIMS Rohtak had decided that: “The hostel fee after deducting the fee for 12 days of staying in hostel may be refunded to Mr. Varun Kumar s/o Sh.Ved Parkash after submission of No Dues”. The complainant’s son was informed vide letter no.ST-I-10972 dated 20.11.2023 through mail and registered post and by hand to submit the no dues, account no. IFSC Code, Branch name and account holder name to Superintendent Academic Branch PGIMS Rohtak so that the refund of hostel fee be done in his account. As and when the above details are submitted, the hostel fee will be refunded. It is prayed that the complaint of the complainant may be dismissed with costs.
3. Ld. Counsel for the complainant in his evidence has tendered documents Ex.C1 to Ex.C6, also stated that complaint be read as affidavit in his evidence and closed his evidence on 20.02.2024. On the other hand, ld. counsel for the opposite parties has tendered affidavit Ex.RW1/A and closed his evidence on dated 13.05.2024.
4. We have heard learned counsel for the parties and have gone through the material aspects of the case very carefully.
5. As per the complainant his son Varun Kumar got admission in PGIMS, Rohtak in MBBS course and due to upgradation to other college, he left the college. But the opposite parties have only refunded the tuition fee and has withheld the hostel fee whereas the son of complainant never stayed in the alleged hostel for even a single day and only availed the facility of mess for 12 days. As per complainant he deposited Rs.23050/- as hostel fee, which has not been refunded to the complainant despite his repeated requests.
6. On the other hand contention of the respondent is that Mr. Varun Kumar stayed in boys hostel PGIMS Rohtak for 12 days. The competent authority of PGIMS Rohtak had decided that: “The hostel fee after deducting the fee for 12 days of staying in hostel may be refunded to Mr. Varun Kumar s/o Sh. Ved Parkash after submission of No Dues”. The complainant’s son was informed vide letter no.ST-I-10972 dated 20.11.2023 through mail and registered post and by hand to submit the no dues, account no. IFSC Code, Branch name and account holder name to Superintendent Academic Branch PGIMS Rohtak so that the refund of hostel fee be credited in his account. As per our opinion if the respondents have come before this Commission with clean hands, they should hand over the DD or cheque to the complainant during the pendency of the complaint. The present complaint has been filed by the complainant on 28.09.2023 but till date no effort has been made by the respondent to make the legal payment of the complainant. So there is deficiency in service on the part of opposite parties and opposite parties are liable to refund the hostel fee of the complainant after deducting the amount of mess charges. At the time of arguments opposite party has placed on record a letter ‘Annexure-JN-A’ as per which an amount of Rs.676/- for stay in the Hostel for 12 days is to be charged from Mr. Varun Kumar and the balance of Rs.22374/- may be refunded to him. As such opposite parties are liable to refund the amount of Rs.22374/- to the complainant.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties to refund the amount of Rs.22374/-(Rupees twenty two thousand three hundred and seventy four only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 28.09.2023 till its realisation and also to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
11.06.2024.
........................................................
Nagender Singh Kadian, President
..........................................
Tripti Pannu, Member.
……………………………….
Vijender Singh, Member
