PER JUSTICE J.M. MALIK

1.        Jupnit Kaur, grand daugher of Sh. J.S. Bahri who is the attorney of the complainant, got admission with Bharati Vidyapeeth College of Engineering, affiliated to Guru Gobind Singh Indraprastha University in B.Tech. on 25.08.2009. She deposited a sum of Rs.53,000/-  with the OP on 18.07.2009.  Thereafter she got admission in a better College and asked the respondent to pay back the amount.  The opposite party failed to refund the money.  Notice was also issued by All India Coucil for Technical Education, but it did not bring the desired result. 

2.      Consequently, the complaint was filed before the District Forum.  Rules were notified by the Guru Gobind Singh Indraprastha University in its Brochure for the session 2009-2010 for refund of money.  The attorney Sh. J.S. Bahri admits that the application was moved a week subsequent to the prescribed period.  The college also mentioned that they were allowing the refund money as per the instructions given by the University.  The petitioner has also filed a photocopy of the admission slip which shows that the date of admission was 10.07.2009 which goes to show that she was provisionally admitted to Bharati Vidyapeeth College of Engineering.  The fee was paid to Guru Gobind Singh Indraprastha University, Kashmiri Gate.  Counseling was conducted by the University and admission slip was issued by the University and admission slip was issued by the university.  Till that date no role was played by the College.  The petitioner never attended the College.  The rules clearly state that application for refund must be made before the Guru Gobind Singh Indraprastha University within the prescribed period.  As per the rules of University , the fee was deposited by the petitioner with the Guru Gobind Singh Indraprastha University directly. 

3.      The State Commission has correctly held that the complainant should have approached the University for refund of her fee instead of approaching the OP.  It had also transpired that the complaints were made by AICTE against the Bharati Vidyapeeth College of Engineering but no complaint was made before the Guru Gobind Singh Indraprastha University. 

4.      We see no merit in this case.  We dismiss the revision petition but give liberty to the petitioner to file case against Guru Gobind Singh Indraprastha University.  In that case Bharati Vidyapeeth College of Engineering may be arrayed as Proforma Party. The Forum would consider the bizzare conduct of Guru Gobind Singh  Indraprastha University while considering the matter of compensation.  It should have refunded the amount if legally payable through the College. The petitioner is also directed to seek remedy before the appropriate Forum and seek help for limitation period from the celebrated authority reported in the case of “Laxmi Engineering Works v P.S.G. Industrial Institute [(1995) 3 SCC 583]”.