DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.553 of 2018
Date of institution: 15.05.2018 Date of decision : 01.10.2019
Girish Chander Singh aged 52 years son of Shri Jai Singh (father of deceased –Kapil Singh Rawat), resident of House No.8B, Sector 36-A, BBMB colony, Chandigarh.
…….Complainant
Versus
1. Punjab College of Engineering & Technology through its Principal, Village Malakpur, Lalru Mandi, P.O. Jouli, District SAS Nagar, Mohali.
2. Promod Dhawan, Chairman, Punjab College of Engineering & Technology, Village Malakpur, Lalru Mandi, P.O. Jouli, District SAS Nagar, Mohali.
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member.
Present: Complainant in person.
Shri Gurdeep Singh, proxy counsel for the OPs.
Order by :- Shri G.K. Dhir, President.
Order
Son of the complainant was student of OP No.1 for undertaking Bachelor of Technology (Electrical Engineering Lateral Entry) course. Death of son of complainant namely Kapil Singh Rawat took place on 15.05.2017 regarding which FIR No.149 dated 15.05.2017 under Section 279, 337 and 304-A IPC was registered at Police Station Sector 39, Chandigarh. Deceased was hard working student and he completed his Diploma in Electrical Engineering from Punjab State Board of Technical Education & Industrial Training Chandigarh. In the first week of June, 2017, complainant submitted death certificate of his son before college authorities. Complainant deposited advance fee of 6th semester of his son of Rs.10,000/- and further deposited amount of Rs.17,500/- on 24.04.2017. A sum of Rs.27,500/- in all deposited with OP No.1. Owing to death of son of complainant, complainant approached OPs many times for refund of advance fee of 6th semester, but that amount has not been refunded and that is why this complaint for seeking refund of that amount alongwith compensation for mental harassment and agony of Rs.5.00 lakhs and litigation expenses of Rs.20,000/-. Interest @ 18% per annum also claimed.
2. In reply submitted by OPs, it is pleaded inter alia as if complaint is not maintainable, more so when complaint is misleading and misconceived to the knowledge of complainant, complainant has no locus standi or cause of action and that complainant estopped by his act and conduct from filing the complaint because he never applied for refund of fee. Complainant vide application dated 09.06.2017 (received in the office of OPs on 09.06.2017) requested for handing over of documents of his deceased son, but without applying for refund of fee. Complaint alleged to be filed for abusing process of law and that is why prayer made for dismissal of the same. Admittedly complainant is father of Kapil Singh Rawat, who was student of Bachelor of Technology (Electrical Engineering). OP No.1 is an educational institute running various courses including the course for which son of complainant was admitted. Death of son of complainant took place in accident regarding which FIR admittedly was registered. Factum of deposit of Rs.27,500/- with OPs is also admitted. By claiming that complaint has been filed with malafide intention and ulterior motive, prayer made for dismissal of the complaint.
3. As per latest instructions received from Hon’ble State Consumer Disputes Redressal Commission Punjab there is no need to record evidence and as such after hearing arguments of counsel for the complainant and going through produced record, this complaint is decided.
4. Written arguments not submitted by any of the parties. Oral arguments heard and records gone through.
5. OPs refunded amount of Rs.27,500/- by handing over cheque dated 21.06.2019 to complainant in this Forum on 22.07.2019 and thereafter complainant suffered statement on 22.07.2019 itself as if his claim remains only regarding interest and compensation amount. In view of refund of the sought for amount made by OPs, controversy regarding refund of deposited fee does not survive now. Bone of contention remains as to whether fault lays with complainant in not seeking refund of deposited fee even after death of his son or as to whether OPs deliberately did not refund the fee. Perusal of letter Annexure D-1 annexed with the written reply submitted by OPs shows that complainant applied for return of documents of his son to him by disclosing that his son had expired in an accident on 15.05.2017. Certainly through this Annexure D-1 no request was made for refund of fee of Rs.27,500/-. However, before instituting this complaint, legal notice dated 31.07.2017 was sent by complainant through counsel for calling upon OPs to refund deposited fee of Rs.27,500/-, but despite that the said amount not refunded and that is why complainant had to file this complaint on 15.05.2018. So it is obvious that even despite service of legal notice through registered post, fee amount has not been refunded and as such fault lays with OPs in not refunding the amount, even after service of legal notice by complainant through counsel. Copy of postal receipt dated 31.07.2017 showing dispatch of legal notice to OPs is produced on record and as such submission advanced by counsel for OPs has no force that demand of refund of Rs.27,500/- was never put forth by complainant. Rather this demand was put forth atleast 10 months prior to filing of complaint, but despite that refund has not been done and as such fault lays with OPs in causing harassment to complainant.
6. Counsel for OPs takes up through application dated 15.06.2019 sent by complainant to OPs through registered post for claiming that refund was sought only on 15.06.2019 and as such in view of refund being done through cheque dated 21.06.2019, copy of which is produced on record as Ex.C-1, fault does not remain with OPs. That submission has no force because as already referred above, refund not done for about 10 months even after getting of legal notice served by complainant on OPs. So complainant entitled to compensation for mental agony and harassment and also to litigation expense, but of reasonable amount because OPs did not remain much fussy in refund of amount after receipt of formal letter of request dated 15.06.2019 through registered post from complainant.
7. As a sequel of above discussion, complaint allowed in terms that OPs will pay compensation for mental agony and harassment of Rs.5,000/- and even will pay litigation expenses of Rs.3,000/- to the complainant within 30 days from the date of receipt of certified copy of the order. In case payment of these amounts not made within 30 days from the date of receipt of certified copy of the order, then complainant will be entitled to interest on these amounts @ 8% per annum from today onwards till payment. Certified copies be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
October 01, 2019.
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
