Decision with Reasons
On an in-depth study of the complaint and the written version and also considering the vital document that is money receipt in support of payment of Rs.10,000/- for provisional admission dated 24-06-2014 and further considering the argument as advanced by the Ld. Lawyer for the OP and the complainant herself it is clear that George College of Management and Science is guided by AICTE when the course is noted as Hospital Management. So, apparently it is found that practically no final admission was given by the OP. No doubt in the present case OP’s Ld. Lawyer submitted that in respect of the matter of admission fees etc. there cannot be a question of deficiency of services and a student cannot be treated as consumer under the C.P. Act. No doubt in respect of that judgment passed by the Supreme Court in Special Relief to Civil Appeal on 09-08-2012 is filed wherefrom it is found that if a student is admitted finally cannot be a consume but when provisional admission is made then it is the duty on the part of the OP to prove that she was finally admitted and that seat was blocked and when the present candidate did not herself finally the seat was kept vacant for which OP suffered but in this case OP has not challenged this and OP has not produced any document to show that in Hospital Management there was any seat which was lying vacant for the act of the present student. But in view of the positive guideline of the AICTE if any student deposit a booking amount fee for provisional admission the same shall be refunded on the ground it is practically no admission. Admission of a student shall be treated as a final admission when receipt in support of payment of different heads is properly noted and students roll no. etc. is allotted therein otherwise receipt of any booking amount for admission shall not be treated as admission fee. No doubt in the present case a receipt in respect of Rs.10,000/- was received as booking fee for provisional admission, but final admission receipt was not granted and truth is that subsequently, the present student did not admit herself and prayed for refund. In this context it is to be mentioned that AICTE already directed to all the colleges who are affiliated under AICTE to refund all the money or fees received as booking amount by any institution and truth is that no college can take any booking amount but they may receive admission fees and all fees against the management quota or as per counselling of West Bengal otherwise no amount can be received by any institution treating as a booking fee for provisional admission and there is no such provision as per WBJEE or as per AICTE then it is clear that this OP by adopting some unfair means and by misleading the complainant managed to receive that amount as booking amount. At the same time OP has failed to produce any document to show that any seat of Hospital Management was kept vacant when that is the fact then it is clear that as recognized by AICTE and also the State Government no college is entitled to take any booking amount for admission of students. Another factor is that as per AICTE notification bearing No. AICTE/Legal/04(01)/2007 AICTE already directed that the entire fee collected for admission shall not be refunded if the student who admitted himself or herselfdid not continue the studies after session started and against that vacancy no other student is admitted. But in any case it is found that this student withdrew him or her prior of starting of session and against it vacancy new student is admitted in that case, entire fee collected from the student shall be returned after deducting Rs.1,000/- but AICTE has clearly pointed out by their notifications that no fee shall be accepted as a booking of a seat when only the institution can take money against a management quota but that is always against a confirmed seat in management quota and admission must be given by the college by granting a receipt to that effect but no college authority has his ny legal authority to receive any booking amount against a seat but in this case it is found that OP college has violated the guidelines, instructions and regulations of AICTE though this college is affiliated under AICTE and also under the University and Government of West Bengal. So, considering that fact it is clear that by misleading that student and their parents they received Rs.10,000/- and granted a receipt as booking money for provisional admission but OP has failed to produce that the student was actually admitted. In this context it is to be mentioned that any act on the part of the institution which is found misleading and against the provision of law that is no doubt a negligent manner of act and AICTE has already ordered if it is found that any institution by any manner deceive the student in that case the penal action must be started against such institution if it is reported. No doubt the matter was not reported to AICTE but it is reported to this Forum that in fact by misinterpretation or misguiding the students or the parents that is the complainant, OP received the amount which is no doubt an unfair trade practice and in this regard already Hon’ble Supreme Court confirmed when any institution has adopted any unfair practice then there is no other alternative but to take such step against such institution and no doubt for such sort of deceitful manner of act Consumer Forum can take such step and grant such relief when no doubt unfair practice by misleading the student is well proved. If the above judgment is minutely considered and taken into account in this case in that case it is found that no admission was given to the present student and in fact violating the guideline and instruction of AICTE the OP received a booking amount of Rs.10,000/- as if the flat was booked by the student as if the OP as an institution has been running a promoting business with education when this institution is no doubt affiliated to AICTE and Government of West Bengal then invariably we are confirmed that it is a recognized institution but not any establishment for promoting education and there is no defence by the OP that they are promoting education and they take advance for booking seat. At the same time they have failed to produce any document to show that there was any seat lying vacant for not taking any admission in the said college by this student. In the light of the above observation we are convinced to hold that taking of advance booking money against any provisional admission is unknown to any education policy of India or UGC or of AICTE or of Government of West Bengal so such an act is no doubt misleading act on the part of the OP and at the same time it is unfair practice for which the complainant is no doubt entitled to get refund of Rs.10,000/- at once and practically by such act for not refunding the same forthwith the complainant has been harassed and truth is that as an educational institution OP ought to have shown their moral sense and responsibility what they are trying to teach to the students but in reality it is found that the institution has failed to learn such sort of morality and responsibility and for which they did not allow the complainant to get refund of the same amount and harassed them lot for which the complaint is entitled to get some costs for her harassment and for getting such relief she has filed complaint before this Forum.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest with a cost of Rs.2,000/- against the OP.
OP is directed to refund entire amount of Rs.10,000/- and also litigation cost as awarded i.e. Rs.12,000/- in total within one month from the date of this order and also for violating the Forum’s order OP shall have to pay penal damages at the rateRs.100/- till full satisfaction of the decree.
Even if it is found that OPs are reluctant to comply the order in that case OP shall be prosecuted u/s.25/27 of the C.P. Act for which further penalty and fine shall be imposed.
