BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.
Complaint no.313/15.
Date of instt.: 17.12.2015.
Date of Decision: 26.04.2016.
Rajesh Kumar S/o Sh. Satbir Singh, House No.144/16, Nehru Garden Colony, Gali No.9, Kaithal, Tehsil & Distt. Kaithal.
……….Complainant.
Versus
Rama College of Education, Village Kutabpur, Tehsil & Distt. Kaithal through its Principal.
..……..Opposite Party.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before: Sh. Jagmal Singh, President.
Sh. Rajbir Singh, Member.
Smt. Harisha Mehta, Member.
Present : Sh. Dharamvir Bhola, Advocate for complainant.
Op already exparte.
ORDER
(JAGMAL SINGH, PRESIDENT).
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that on 18.09.2014 he filled his online application for the admission to B.Ed. (Regular) course for the session 2014-15 as the complainant passed B.A., Master of Library and Information Science Degree and deposited Rs.3,000/- as counseling fee on the basis of M.Lib. It is further alleged that on the basis of merit of percentage of the qualifying examination through online counseling by MDU, Rohtak, the complainant was allotted “Rama College of Education, Kutubpur, Tehsil & Distt. Kaithal”. It is further alleged that the complainant deposited the instalments of fee under roll No.781 in the respondent college on the following dates:-
First instalment | Rs.13,000/- | Dt.24.09.2014 |
Second Instalment | Rs.10,000/- | Dt. 06.11.2014 |
Third Instalment | Rs.10,000/- | Dt. 05.01.2015 |
Fourth Instalment | Rs.12,000/- | Dt. 31.03.2015 |
It is further alleged that after depositing the above-narrated fee of full session in the college, the complainant came to know that his candidature has been cancelled by Kurukshetra University, Kurukshetra on the ground that the complainant was admitted on the basis of Master Degree of Library and Information Science (M.Lib. Science) which was passed by the complainant is one year. Whereas, there was no such instruction in the prospectus for taking admission to B.Ed. in regular course 2014-15. This way, the Op is deficient in service and adopting unfair trade practice. Hence, this complaint is filed.
2. Upon notice, the Op did not appear and was proceeded against exparte vide order dt. 02.02.2016.
3. The complainant tendered in evidence affidavit, Ex.CW1/A and documents Ex.C1 to Ex.C14 and Mark C1 & Mark C2 and closed evidence on 07.04.2016.
4. We have heard ld. counsel for the complainant and perused the case file carefully and minutely.
5. Ld. Counsel for the complainant reiterated all the points mentioned in the complaint. He argued that the complainant filled his online application for the admission to B.Ed. (Regular) course for the session 2014-15 and deposited Rs.3,000/- as counseling fee on the basis of M.Lib. He further argued that the complainant was allotted “Rama College of Education, Kutubpur, Tehsil & Distt. Kaithal”. He further argued that the complainant deposited the instalments of fee under roll No.781 in the respondent college on the different dates, as mentioned above. He further argued that after depositing the fee of full session in the college, his candidature has been cancelled by Kurukshetra University, Kurukshetra on the ground that the complainant was admitted on the basis of Master Degree of Library and Information Science (M.Lib. Science) which was passed by the complainant is one year. The complainant moved applications, Ex.C7, Ex.C9 and Mark C2 to the Op for refund of fees deposited by the complainant but the Op did not refund the fee to the complainant. The complainant also sent legal notice dt. 28.07.2015, Ex.C12 through his counsel to the Op but the Op did not refund the fee as requested by the complainant. The complainant has also tendered in evidence affidavit, Ex.CW1/A and documents Ex.C1 to Ex.C14 and Mark C1& Mark C2. The complainant has produced an authority cited in 2016(1) CLT page 151 (NC), wherein it has been mentioned in the head-note that Education-held-Admitting the students to a course on the representations that on passing the course they would be awarded a university degree, without university having approved the course, would also constitute unfair trade practice, besides constituting deficiency in the services rendered to the students. Whereas, on the other hand, the Op did not appear and was proceeded against exparte.
6. In view of the facts and circumstances of the case, it is clear that the complainant was not eligible for the B.Ed. course and moreover, the Kurukshetra University, Kurukshetra has written letter dt. 14.12.2014, Mark C1 to the Op that it has been found that the following students were ineligible for admission on account of the reason mentioned as under:-
Name Class Roll No. Reason
Rajesh Kumar B.Ed. 781 Due to M.Lib. course one
year is not eligible for
B.Ed. Course
From these facts, it is clear that the Op has even received the fees from the complainant after 14.12.2014 as is clear from receipts dt. 05.01.2015, Ex.C5 and dt. 31.03.2015, Ex.C6. Moreover, the evidence adduced by the complainant goes unrebutted and unchallenged. Hence, we are of the considered view that the Op has adopted the unfair trade practice and is deficient while rendering services to the complainant.
6. Thus, in view of above discussion, we allow the complaint exparte and direct the Op to refund the amount of Rs.45,000/- (Fourty five thousand) received from the complainant on account of fee. The Op is also burdened to pay Rs.3300/- (Three thousand three hundred) as lump sum compensation on account of harassment, mental agony and costs of litigation charges. Let the order be complied with within a period of 30 days, failing which, the complainant shall be entitled interest @ 8% p.a. from the date of commencement of this order till its payment. A copy of this order be sent to both the parties free of costs. File be consigned to the record room after due compliance.
Announced.
Dt.26.04.2016.
(Jagmal Singh),
President.
(Harisha Mehta), (Rajbir Singh),
Member. Member.
