DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.323 of 16-07-2010 Decided on 16-12-2010 Priyanka Sharma aged about 19 years, D/o Sh.Pawan Kumar S/o Sh. Harbans Lal Sharma, resident of Near Bunty Health Club, Guru Nanak Nagar, Gidderbaha, District Muktsar. .......Complainant
Versus
Punjab Technical University, Ladowali Road, Jalandhar, through its Vice Chancellor. Baba Farid Institute of Higher & Foreign Studies, Muktsar Road, Bathinda, through its Principal.
......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President. Dr. Phulinder Preet, Member. Sh. Amarjeet Paul, Member.
Present:- For the Complainant: Sh.Lachhman Kumar, counsel for the complainant. For Opposite parties: Sh.Rohit Jain, counsel for opposite parties.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as 'Act'). In brief, the complainant has filed the present complaint with allegations against the opposite parties that she appeared in CET-2008 for Engineering held by opposite parties, passed the Entrance test, secured merit for admission in Engineering, accordingly was called for counseling and got admission in B.Tech (CSE) with opposite party No.2. The complainant deposited Rs.35,635/- vide receipt No.1105 on 16.07.2008 as fee for first semester. In the meantime, Govt. of Punjab introduced Fee Waiver scheme for women/female students and the complainant after consulting the opposite party No.2 joined MIMIT, Malout. The complainant alleged that she requested the opposite party No.2 to refund the fee. As per prospectus, the complainant is entitled to the refund of deposited fee after deduction of Rs.1,000/- only. The complainant requested many times to the opposite party No.2 to refund her fee but the opposite parties did not listen to her requests. Hence, the complainant has filed this complaint. 2. The opposite parties have filed their separate written statements. The opposite party No.1 has pleaded that the present complaint does not relate to the opposite party No.1. The matter of refund of fee is governed by ordinances promulgated by Punjab Technical University, Jalandhar. The institutes affiliated to University are bound by these rules and supposed to act accordingly. 3. The opposite party No.2 has pleaded that after the start of course, the complainant applied to opposite party No.2 on 31.10.2008 to discontinue her study in the institute, surrendered her seat for undisclosed reasons, requested for refund of fee and return of original documents. The opposite party No.2 has denied that she took this step with consultation of opposite party No.2 or after informing that she had joined MIMIT, Malout under alleged fee waiver scheme for women students floated by Govt. of Punjab. The opposite party No.2 further pleaded that the rules specifically provide that if the candidate/student changes his/her branch, college and university through centralized counseling conducted by PTU, his/her fee would be refunded by previous college, after deduction of Rs.1,000/- only and original documents would be returned but in this case, the said rule does not apply as the complainant has not changed her branch/college through centralized counseling. The opposite party No.2 further pleaded that according to rules, if the student/candidate withdraws from any program, the entire fee collected from the student would be refunded and original documents be returned after deducting process fee of Rs.1,000/- provided the seat consequently falling vacant had been filled by other candidate on the waiting list by last date of admission. The total number of sanctioned seats in B.Tech (CSE) of opposite party No.2 was 60. On 31.10.2008, the complainant surrendered her seat, only 54 students stood admitted in B.Tech (CSE) batch 2008 and with surrender of her seat, number of student stood decreased to 53. Last date of admission prescribed by University was 15.11.2008 on this date, one more student was admitted thereby making the number upto 54. The seat surrendered by the complainant was at No.10 of the list of surrendered seats and after 15.11.2008, three more students surrendered the seat. Thus, the seat which was surrendered by the complainant remained vacated. 4. Parties have led their evidence in support of their respective pleadings. 5. Arguments heard. Record alongwith written submissions submitted by the parties perused. 6. The learned counsel for the complainant has submitted that the complainant had got admission in B.Tech (CSE) with opposite party No.2 and she had deposited Rs.35,635/- vide receipt No.1105 on 16.07.2008 as fee for first semester. The Govt. of Punjab introduced Fee Waiver Scheme for women/female students and the complainant joined MIMIT, Malout and thereafter, she requested the opposite party No.2 to refund the fee. As per prospectus issued to the complainant, she is entitled to refund the deposited fee after deduction of Rs.1,000/- only but the opposite parties have refused to refund her fee. The complainant had also filed earlier complaint u/s 12 of the Consumer Protection Act, CC No.158 dated 05.04.2010 but the same was withdrawn by the complainant with permission to file fresh one. On 13.04.2010, the complainant had also served a legal notice to the opposite parties. 7. The learned counsel for opposite parties has submitted that the matter of refund of fee is governed by ordinances issued by Punjab Technical University, Jalandhar as the Institute is affiliated to University and bound by their rules. The complainant had applied for refund after start of the course on 31.10.2008 to discontinue her study in the Institute, surrendered her seat for undisclosed reasons, requested for refund of fee and return of original documents. She had joined MIMIT, Malout under fee waiver scheme for women students floated by Govt. of Punjab. The matter of refund of fee is governed by ordinances framed by Punjab Technical University, Jalandhar and under these rules, if the candidate wants to change his/her branch/college and university through centralized counseling conducted by PTU, his/her fee would be refunded by previous college, after deduction of Rs.1,000/- only and original documents will be returned. The learned counsel for opposite parties has further submitted that in the present case, the said rule does not apply as the complainant has not changed her branch/college or university through centralized counseling. The rules provided that if the student/candidate withdraws from any program, the entire fee collected from the student would be refunded and original documents be returned after deductiing process fee of Rs.1,000/- provided the seat consequently falling vacant had been filled by other candidate on the waiting list by the last date of admission. The total number of sanctioned seats in B.Tech (CSE) of opposite party No.2 was 60. By the date, the complainant surrendered her seat, only 54 students stood admitted in B.Tech (CSE) batch 2008 and with surrender of her seat, number of student stood decreased to 53. Last date of admission prescribed by University was 15.11.2008 on this date, one more student was admitted thereby the making number upto 54. The seat surrendered by the complainant was at Sr.No.10 of the list of surrendered seats and after 15.11.2008, three more students surrendered the seat. So, the seat fallen vacant due to surrender by the complainant, remained unfilled throughout the entire academic session and thereafter under such circumstances, the complainant is not entitled to refund of any fee. Her original documents were returned. 8. Vide Ex.C-1 General rules for adjustment/refund of fees, according to rule 8 (a)& (c) which are read as under:- “(a) The entire fee collected from the student after deduction of the processing fee of Rs.1,000/-(Rupees one thousand only) shall be refunded and the original documents submitted by the student shall be returned to the student/candidate withdrawing from the programme provided the seat consequently falling vacant has been filled by the other candidate on the waiting list by the last date of admission. (c) In case a candidate changes his/her branch/college/university, through centerlized counseling conducted by PTU his/her fee shall be refunded by the previous college after deduction of Rs.1,000/- only and the original documents will be returned.” The complainant took admission in MIMIT, Malout. The complainant appeared in CET and on the basis of centerlized counseling conducted by PTU, Jalandhar got admission in Baba Farid Institute of Higher & Foreign Studies, Muktsar Road, Bathinda in B.Tech (CSE) after depositing Rs.35,635/- as fee for first semester dated 16.07.2008 Ex.C-2. After beginning of the course, the complainant applied on 31.10.2008 to discontinue her study in the institute and surrendered her seat. The matter of refund of fee is governed by ordinances framed by PTU, Jalandhar. According to these rules, if the student changes his/her branch/college or university through centerlized counseling conducted by PTU, Jalandhar, his/her fee would be refunded by previous college after deduction of Rs.1,000/-. According to aforesaid rules, the complainant has not changed her branch/college/university through centerlized counseling. Moreover, the fee is refundable after deduction of processing fee of Rs.1,000/- provided the seat consequently falling vacant had been filled by other candidate on the waiting list by last date of admission. In the present case, the vacated seat was never filled and remained vacant. The last date of admission was 15.11.2008 as prescribed by university and this date was finally extended date for admission. The enrollment/admission for session 2008-09 in CSE branch, first semester started w.e.f 01.07.2008. The complainant took her admission on 16.07.2008 at S.No.31, upto 17.09.2008 total 59 students had taken admission in the course, 9 candidates surrendered their seats, only 50 students continued the course. Thereafter, upto 15.11.2008, only five more admissions took place whereas during the intervening period from 17.09.2008 upto 15.11.2008, the complainant also surrendered her seat and upto the last date of admission i.e.15.11.2008, 10 seats in all had been surrendered and the effective/net number of students admitted in the course stood as 54. No other candidate took admission thereafter, the seat fell vacant, remained unfilled throughout the academic session and even thereafter. After surrender of seat by the complainant, three other students namely Navjot Kaur, Beant Singh and Ankita Aggarwal also surrendered their seats on 22.11.2008, 19.01.2009 and 03.07.2009 and the strength of students in this batch was 51 only. 9. The complainant has taken admission in MIMIT, Malout which was the waiver scheme introduced by the Govt. of Punjab for women for free education. The information regarding this was never given by the complainant to the opposite parties. Moreover, this admission in MIMIT, Malout was not taken by centerlized counseling. The original certificates of the complainant has already been returned by the opposite parties to the complainant. Hence, this complaint stands dismissed without any order as to cost as there is no deficiency in service on the part of opposite parties. 10. A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '
Pronounced in open Forum (Vikramjit Kaur Soni) 16.12.2010 President
(Dr. Phulinder Preet) Member
(Amarjeet Paul) Member
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