DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No.523 of 15-10-2012
Decided on 22-02-2013
Kuljeet Singh aged about 22 years s/o Harbans Singh r/o Village Bhucho Khurd, Tehsil & Distt. Bathinda.
........Complainant
Versus
1.Punjab technical University, Jalandher-Kapurthala Highway, Near Pushpa Gujral Science City, Kapurthala-144601 (Punjab), through its Vice Chancellor/Registrar or concerned official.
2.Guru Ram Dass Institute of Engineering & Technology, Barnala Road, Village Lehra Bega District Bathinda (Punjab) through its Director/Principal.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh.Amarjeet Paul, Member.
Present:-
For the Complainant: Sh.Deepak Sehgal, counsel for complainant.
For Opposite parties: Sh.Sandeep Baghla, counsel for opposite party No.2.
Opposite party No.1 ex-parte.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that on 30th or 31st August 2012 the complainant approached the opposite party No.2 affiliated to the opposite party No.1, for taking the admission in CSE (LEET) 2nd year. The opposite party No.2 took all the original educational documents/certificates and got deposited Rs.5000/- vide receipt No.357 as registration fee of the seat from the complainant. The opposite party No.2 told the complainant that they will send his documents to the opposite party No.1 for the verification and he has to deposit the remaining fee within a week. On 3.9.2012 the complainant again deposited Rs.28,500/- vide receipt No.397 with the opposite party No.2. The complainant asked for his original documents but the opposite party No.2 told that they will intimate him when they will receive the documents from the opposite party No.1. After depositing the total fee of Rs.33,500/- the complainant changed his mind and decided to took the admission in 'Aklia College of Eng.& Management Technology, Jaito Road, VPO Goniana Mandi district Bathinda' which is also affiliated and under the PTU (opposite party No.1). On 25th or 26th day of September, the complainant approached the opposite party No.2 for the cancellation of his seat and refund of fee and the original documents but they told that he has to move an application regarding the refund of the fee and documents regarding his financial problem alongwith an affidavit. On 28.9.2012 the complainant moved an application to the opposite party No.2 alongwith an affidavit but they refused to receive his affidavit in which he requested them for the refund of the fee and documents and they further told him to add the facts in the affidavit that he will not claim his fee in future. The complainant came to know that 30/9/2012 is the last day for getting the admission in the aforesaid Aklia college so on 29.9.2012 he got the admission in it and deposited Rs.5000/- and submitted the photocopies of his all documents/certificates with the aforesaid Aklia college instead of the original. The complainant assured the officials of Akalia College to produce his original documents within a week as the same are lying in the custody of the opposite party No.2. The complainant was in the urgent need of his original documents and in the first week of October 2012, he again approached the opposite party No.2 and described his financial position and requested them to refund his fee and documents but they flatly refused and told him that they can return his documents/certificates only in condition if he would file a new affidavit in which he must mention that he would not claim for the fee in future. By asking this the opposite party No.2 tried to blackmail the complainant. On 8.10.2012 the complainant again visited the opposite party No.2 with a new affidavit but their concerned official refused to receive the same and told him that they have busy schedule today he can come after 2 days. On 10.10.2012 the complainant again approached the opposite party No.2 and filed an affidavit but asked to make another amendment on it and got his signature on his original admission application form regarding the return of the original documents. Thereafter the complainant deposited the documents to the 'Aklia college of Engg. & Management Technology'. As per the rules of the opposite party No.1 there is provision of refund/adjustment of fee and according to these rules the opposite parties can deduct only Rs.1000/- from the amount deposited by the complainant. Hence the complainant has filed the present complaint to seek the directions to the opposite parties to refund his fee of Rs.33,500/- alongwith cost and compensation.
2. Notice was sent to the opposite parties. The opposite party No.1 despite service of summons has failed to appear before this Forum. Hence ex-parte proceedings are taken against the opposite party No.1.
3. The opposite party No.2 after appearing before this Forum has filed its written statement and pleaded that the complainant had deposited the amount of Rs.5000/- on 29.8.2012 towards the college fees for seeking the admission in their college and he had also filled the Registration Form with the opposite parties. The complainant had voluntarily deposited the said amount with the opposite parties and he after being satisfied with their teaching factuality and facilities had opted for continuing with the college and deposited the requisite certificates to the opposite party No.2. The complainant had never applied for the cancellation of his enrollment rather he had applied for the certain certificates vide application dated 25.9.2012 from the opposite parties which were delivered to him and he had made an endorsement on 25.9.2012 at the back of the said application that he had received the said certificates. The complainant has never approached the opposite party No.2 with the affidavit dated 28.9.2012. The complainant despite admission did not attend the classes of the opposite parties and have joined the institution as such he is not entitled to seek any claim of the amount deposited with the opposite party No.2. The complainant approached the opposite party No.2 because he does not want to pursue with the studies in the college and accordingly he had voluntarily submitted an affidavit dated 8.10.2012 vide which he had submitted that he shall have no concern with respect to the admission in the college quo the opposite parties nor shall seek any claim of the refund of the fees as well as the seat. The opposite parties had not refused to return the documents to the complainant. The affidavit had not been amended by the complainant at the instance of the opposite party No.2. The complainant is not a poor student and not a consumer of the opposite party No.2 and there was no act of blackmailing on the part of the opposite parties. The opposite party No.2 is affiliated to the opposite party No.1. However, the said Rule of refund is not applicable to the present case as the complainant had joined the college in 2nd year.
4. The parties have led their evidence in support of their respective pleadings.
5. Arguments heard. The record alongwith written submissions submitted by the parties perused.
6. Admittedly, the complainant took admission in the Institute of the opposite party No.2 affiliated with the opposite party No.1 in CSE (LEET) 2nd year and deposited Rs.5000/- vide receipt No.357 as registration fee of the seat alongwith all the original documents/certificates. The complainant again deposited the remaining fee with the opposite party No.2 on 3.9.2012 to the tune of Rs.28,500/- vide receipt No.397. In total the complainant has deposited the amount of Rs.33,500/-
7. The complainant submitted that at the time of depositing the fee of Rs.5000/-, he was conveyed by the opposite party No.2 that they will send his original documents to the opposite party No.1 for the verification. After depositing the remaining fee, the complainant requested the opposite party No.2 to return his original documents as he had changed his mind and decided to take the admission in 'Aklia College of Eng.& Management Technology', affiliated to the opposite party No.1, he took admission in the aforesaid Aklia college on 29.9.2012 and deposited Rs.5000/- and submitted the photocopies of his all documents/certificates with the aforesaid Aklia college instead of the original. On 25th or 26th day of September, the complainant approached the opposite party No.2 for the cancellation of his seat and refund of his fee and return the original documents, but he was asked by the opposite party No.2 to move an application regarding the same and to mention his financial problem in that application alongwith an affidavit. On 28.9.2012 the complainant moved an application to the opposite party No.2 alongwith an affidavit but they refused to receive the said affidavit and asked him to add the facts in the affidavit that he will not claim his fee in future. On 8.10.2012 the complainant again visited the opposite party No.2 with a new affidavit but their concerned official refused to receive the same and delayed the matter. After taking the affidavit from the complainant, the opposite party No.2 returned the original documents/certificates to the complainant after obtaining his signature on his original admission application form. The complainant also requested the opposite party No.2 for the refund of the fee after deducting the amount of Rs.1000/- as per PTU rules but they refused to refund the same.
8. The submissions of the opposite party No.2 is that the complainant had voluntarily deposited the said amount with the opposite parties and after being satisfying himself, he deposited the requisite certificates alongwith fee of Rs.22,500/- to them. The complainant had never applied for the cancellation of his enrollment rather he had applied for the certain certificates vide application dated 25.9.2012 from the opposite parties which delivered to him and he had made an endorsement on 25.9.2012 at the back of the said application that he had received the said certificates. The complainant has wrongly submitted that he approached the opposite party No.2 with an affidavit dated 28.9.2012. The complainant despite admission did not attend the classes and have joined the institution without intimating the opposite party No.2 hence he is not entitled to any relief as the seat vacated by him is still lying vacant. The opposite party No.2 further submitted that as per the rules of PTU no refund is applicable to the present case as the complainant had joined the college in 2nd year.
9. The complainant has got the admission in the college of the opposite party No.2 in the second year of CSE (LEET) i.e. affiliated to the opposite party No.1. A perusal of Ex.C10 shows that Rules for Adjustment/Refund of Initial Deposit and Other Fees; Rules for refund shall be governed by respective universities criteria; Refund Rules of PTU; As per Notification No.13/105/10-1TE2/170 Dated:-12.1.2012.
Part-B Ex.C11, Notification No.13/105/10-ITE2/2491 dated 2.7.2012 is reproduced:-
“1.0) The Governor of Punjab is pleased to appoint the Punjab Technical University, Jalandhar (PTU) as the authority competent to make admission of Diploma Holder/B.Sc to the 2nd year/3rd semester of the graduate programme Engineering & Technology in different institutions located in the State of Punjab for the session 2012-2013.......
c) GENERAL ELIGIBILITY CRETERIA FOR ADMISSION TO DEGREE LEVEL ENGINEERING, TECHNOLOGY COURSE:-
(4) Apart from the basic educational qualifications prescribed above, the general eligibility criteria shall be as contained in Punjab Government, Department of Technical Education & Industrial Training, Memo No.35/44/95-1T(2)/978 dated 21st March, 2003, which is annexed to this notification. This communication shall be treated as part and parcel of this notification, for all purposes and all the provisions of this notification shall be read alongwith the contents of the said communication.
d) General Condition:-
(ii) The students shall be liable to pay fee/development fee and other charges as per the rates of fee/development fee and other charges as fixed by the Government of Punjab/AICTE/Concerned University, from time to time.
(ix) In case a student changes his/her/college/university during centralized counselling conducted by PTU his/her fee shall be refunded by the previous institution after deduction of Rs.1000/- only the original documents will be refunded immediately.
(x) In case a student surrenders his/her seat, within 7 days of the end of the online counselling, he/she must submit aplication to college and register online on PTU website www.ptuadmissions.nic.in. PTU shall only forward such cases to the concerned colleges/Universities and colleges must refund his/her full fee after deduction of Rs.1000/- only.
(xi) In keeping with the direction of Ministry of Human Resource Development Department, Govt. of India all institutions and Universities shall in public interest, maintain a waiting list of students candidates. In the event of a student/candidate with drawing before the start of the course, the waiting list candidates should be given admissions against the vacant seat. The entire fees collected from the student, after a deduction of processing fee of not more than Rs.1000/- (Rupees One Thousand Only) shall be refunded and returned by the Institution/University to the student/candidate with drawing from the programme. It would not be permissible for institutions and universities to retain the school/institution leaving certificates in original. If a student leave after joining the course and if the seat subsequently falling vacant gets filled by another candidate by the last date of admission, the institution must return the fees collected with proportionate deduction of monthly fee and proportionate hostel rent, whereas applicable.”
As per the above mentioned notification the students are entitled to get the refund of fees after deduction of Rs.1000/- only.
10. The submissions of the opposite party No.2 are that the complainant has not attended the classes and has not asked for the refund of the fee and has given the affidavit to the effect that he will not claim the fee hence he is not entitled to any refund. To support its version the opposite party No.2 has placed on file application dated 25.9.2012 moved by the complainant and Ex.R3 and Ex.R4 affidavits given by the complainant to the effect that he will not claim any fees and any seat. A perusal of Ex.R3 and Ex.R4 shows that the opposite party No.2 has intentionally got the affidavit of the complainant in its favour just to grab hard earned money of the complainant/student, whereas as per their own notification, he is entitled to get his entire fee refunded after deducting Rs.1000/- only. The Hon'ble National Commission in Catina of judgment has taken the pain to decide the matter that the students are entitled to get the refund of the fees.
The support can be sought by the precedent laid down by the National Consumer Disputes Redressal Commission, New Delhi in case titled Andhra University & Anr. Vs. Janjanam Jegedeesh, Revision Petition No.3926 of 2009, decided on 25.3.2009 wherein it has been held:-
“Education-Admission-Fee refund-The respondent/complainant within a week of depositing the fees and the certificates had requested for being withdrawn from the course without attending any class-In view of the UGC guidelines the petitioners/Ops was unfair in retaining the entire fee, even after the student withdrew from their College-Petitioner have failed to prove that the resultant vacancy was not filled up by any other candidate from the waiting list-Petitioners/OPs directed to retain only Rs.1000/- of the fee deposited by the respondent/complainant and refund the balance amount with 6% interest p.a.”
The other submission of the opposite party No. 2 is that the seat vacated by the complainant is still lying vacated, has no force as no evidence has been placed on file by the opposite party No.2 to show that how many seats were allotted to them and how many seats were vacated and whether they have prepared any waiting list or not?. Even the list of the candidates who have left the college has not been placed on file. The complainant has sought the admission in the another college and duly intimated the opposite party No.2 and asked for the original certificates and the refund of the fee before commencement of the classes. The original certificates have already been delivered to the complainant but no fees has been refunded till date.
11. Therefore in view of what has been discussed above there is deficiency in service on the part of the opposite party No.2. Hence this complaint is accepted with Rs.5000/- as cost and compensation against the opposite party No.2 and dismissed qua the opposite party No.1. The opposite party No.2 is directed to refund Rs.33,500-Rs.1000/-=32,500/- alongwith interest @ 9% per annum. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.
In case of non-compliance the interest @ 6% per annum will yield on the amount of Rs.32,500/- since filing of this complaint till realization.
12. A copy of this order be sent to the parties concerned free of cost and the file be consigned to the record room.
Pronounced
22-02-2013
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
