Punjab

Ludhiana

CC/19/56

Ranveer Singh - Complainant(s)

Versus

Punjab Agriculture University - Opp.Party(s)

R.S.Ratol Adv.

01 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:56 dated 29.01.2019.                                                Date of decision: 01.03.2023.

 

Ranveer Singh aged about 20 years son of Sh. Gurjeet Singh, resident of Attar Singh Wala Road, Dhanaula, Tehsil and District Barnala.                                                                                                                         ..…Complainant

                                                Versus

1. Punjab Agricultural University, Ferozepur Road, Ludhiana through its Vice Chancellor.         
2. Registrar, Punjab Agricultural University, Ferozepur Road, Ludhiana.
3. Dean of College of Agriculture, Punjab Agricultural University, Ferozepur Road, Ludhiana                                                                                                                                          …..Opposite parties 

Complaint Under Section 12 of the Consumer Protection Act, 1986.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh. R.S. Ratol, Advocate.

For OPs                         :         Sh. Ashutosh Sharma, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Briefly stated, the facts of the case are that the complainant applied for admission in B-Tech (Food Technology) Four Year Program for the session of 2018-2019 from Ist Semester, 2018-2019 in the College of Agriculture of opposite party No.1 University. The complainant submitted that he appeared in entrance test in General category and got 179^th rank and opposite party No.2 issued selection letter dated 04.09.2018 and advised the complainant to deposit the fee in office of opposite party No.3 on 04.09.2018 by appearing in person for registration on or before 06.09.2018. The complainant further stated that in compliance of letter issued by opposite party No.2, he deposited fee of Rs.1,07,360/- vide challan No.18366 of HDFC Bank Ltd. of Semester-fee and issued the receipt after receiving the requisite fee. The complainant further stated that he also applied in Khalsa College of Veterinary and Animal Science, Amritsar for getting the admission in B.V. Sc. & A.H. where he appeared and got admission. The selection notice was issued by the Registrar on 27.09.2018 in general category to the course of B.V. Sc. A.H. Programme for the academic session 2018-2019 in Khalsa College of Veterinary and Animal Science, Amritsar vide Rank No.154. The complainant after getting admission in Khalsa College of Veterinary and Animal Science, Amritsar applied for refund on 28.09.2019 and opposite party directed to obtain No Due Certificate which was issued by the opposite parties but fee was not refunded. The complainant also moved an application to opposite party No.3 received by Smt. Kamaljit Kaur but again the fee was not refunded. The complainant further submitted due to his admission in Khalsa college at Amritsar the seat falls vacant but as per the orders of the Hon’ble Punjab and Haryana High Court vide CWP No.23765 of 2018, the seat was allotted to Harsimran Kaur and opposite parties had also received full fee from her and there is no loss to the opposite parties. As per rules of refund of fee of PAU, fee can be refunded after deducting Rs.1000/- and the remaining amount of fee will be refunded to the candidate. The complainant approached opposite parties many times with request to refund the fee but neither they refunded the fee nor passed any order on his application. The complainant served a legal notice dated 16.10.2018 through counsel Sh. Raj Kumar Bansal, Advocate but to no effect. This amounts deficiency in service on the part of the opposite parties which has caused great mental agony, torture, harassment and pain to the complainant and he is entitled to refund of entire fee along with interest @24% per annum along with compensation of Rs.50,000/- and litigation costs of Rs.22,000/-. In the end, the complainant has prayed for issuing direction to opposite parties to refund the entire fee along with interest @24% per annum and compensation of Rs.50,000/- and litigation expenses of Rs.22,000/-.

2.                Upon notice, the opposite parties appeared and filed joint written statement stating that the complainant appeared in entrance exam and got the rank of 179 and a selection letter dated 04.09.2018 was issued. The complainant attended the third counseling on 04.09.2018 and a seat fell available which was offered to him and as per rules he was required to deposit the requisite fee. The complainant deposited the fee of Rs.1,07,360/- on 04.09.2018 against receipt issued to him. The opposite parties alleged that the complainant is not to the refund of the fee as the seat filled up with the admission of the complainant in the course remained vacant after withdrawal by the complainant from the program/course. As per the rules, the refund of fee is not permissible as no candidate on the waiting list by the last date of admission was admitted in the course. The opposite parties further alleged that no further counseling took place in the program for admission on the program after 04.09.2018 and the seal vacated in the program by the complainant was not filled up by any admission through counseling. However, the seat was allotted to Ms. Harsimran Kaur as per directions of the Hon’ble Punjab and Haryana High Court vide order dated 16.10.2018. Rest of the averments made in the complaint denied as incorrect and in the end, a prayer for dismissal of the complaint has been made.

3.                In support of his claim, the complainant tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy of prospectus for 2018-19, Ex. C2 is the copy of refund policy, Ex. C3 is the copy of fee challan dated 04.09.2018, Ex. C4 is the copy of receipt No.937 for Rs.1000/-, Ex. C5 is the copy of PAU Intranet – Academic Management System, Ex. C6 is the copy of No due certificate, Ex. C7 is the copy of application dated 27.09.2018 moved by complainant to opposite parties, Ex. C8 is the copy of identity card of the complainant of Khalsa College of Veterinary & Animal Sciences, Ex. C9  and Ex. C10 are the copies of fee receipts of Khalsa College of Veterinary & Animal Sciences dated 27.09.2018 and 03.09.2019 respectively, Ex. C11 is the copy of Aadhar card of the complainant and closed the evidence.

4.                On the other hand, counsel for the opposite parties tendered affidavit Ex. DA of Dr. M.I.S. Gill, Dean, College of Agriculture, Punjab Agricultural University, Ludhiana along with documents Ex. D1 is the copy of order dated 01.04.2021, Ex. D2 is the affidavit of Dr. Surinder Singh Kukal, Dean, College of Agriculture, Punjab Agricultural University, Ludhiana, Ex. D3 is the copy of order 03.08.2020, Ex. D4 is the copy of no due certificate, Ex. D5 is the copy of selection notice dated 22.10.2018  and closed the evidence.

5.                We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents and written reply along with affidavit and documents produced on record by both the parties. We have also gone through the written arguments submitted by the parties.          

6.                In the present complaint, the complainant has prayed for refund of entire fees i.e. Rs.1,07,360/- deposited with the opposite parties and also claimed interest, compensation and litigation expenses. Undisputably, the complainant was having a rank of 179 in the entrance test and accordingly, selection letter dated 04.09.2018 was issued and in pursuance thereof, he deposited the said fees. However, he got the admission in Khalsa College of Veterinary & Animal Sciences and thereafter, he withdrew from admission process and applied for refund of his fees.

7.                The counsel for the opposite parties has drawn attention of this Commission towards the refund policy as contained in the prospectus Ex. C1, relevant portion of which is reproduced as under:-

“The entire fee collected from the student, after deduction of the process fee of Rs.1000/- (Rupees One Thousand only) shall be refunded and returned to the student/candidate withdrawing from the programme provided the set consequently falling vacant has been filled by another candidate on the waiting list by the last date of admission.”

8.                Perusal of the record shows that the complainant attended the third counseling on 04.09.2018 against a seat which fell vacant during the previous counseling. After the withdrawal of complainant from the admission process, no further counseling took place and the seat remained vacant. The contention of the complainant that the seal was allotted to one Harsimran Kaur is devoid of any merits. Further perusal of order dated 16.10.2018 passed in CWP No.23765 of 2018(O&M) in case titled Harsimran Kaur Vs Punjab Agriculture University and others passed by the Hon’ble Punjab and Haryana High Court, Chandigarh produced on record by the opposite parties shows that Harsimran Kaur was allotted seat which fell vacant due to surrender of seat by the complainant. As such, the complainant is not entitled to refund of fees.

9.                Even otherwise, no consumer complaint is maintainable against the opposite party being an educational institution. In this regard, a reference can be made to case titled as Manu Solanki Vs Vinayaka Mission University in 2020(1) CPJ 210 whereby the Hon’ble National Consumer Disputes Redressal Commission, New Delhi that the education matter do not come within the purview of Consumer Protection Act, 1986 and therefore the complaint is not maintainable. Further in LBS Group of Education Institute Vs Arjun Singh and others 2021(1) CPJ 151, it has been held by Hon’ble National Consumer Disputes Redressal Commission, New Delhi that the institution rendering education including vocations course and activities undertaken during the process of pre-admission as well as post-admission and also imparting excursion tours, picnics, extra co-curricular activities, swimming, sport etc. except coaching institutions will not be covered under the provisions of Consumer Protection Act, 1986. As such, this Commission has no hesitation in holding that the complainant does not fall within purview of a consumer and therefore, the present complaint cannot be said to be maintainable as against the opposite parties.      

10.              As a result of above discussion, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

11.              Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                       President         

 

Announced in Open Commission.

Dated:01.03.2023.

Gobind Ram.

 

 

Ranveer Singh Vs Punjab Agriculture University                            CC/19/56

Present:       Sh. R.S. Ratol, Advocate for complainant.

                   Sh. Ashutosh Sharma, Advocate for OPs.

 

                   Opposite parties submitted written arguments.

                   Arguments heard. Vide separate detailed order of today, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                       Member                      Member                                       President         

 

Announced in Open Commission.

Dated:01.03.2023.

Gobind Ram.