NCDRC

NCDRC

RP/416/2006

BIRLA INSTITUTE OF MANAGEMENT TECHNOLOGY - Complainant(s)

Versus

SH. DHEERAJ KUMAR SACHDEVA - Opp.Party(s)

BHUPENDRA SINGH CHAUHAN

27 Oct 2009

ORDER

Date of Filing: 14 Feb 2006

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/416/2006
(Against the Order dated 01/12/2006 in Appeal No. 413/2003 of the State Commission Delhi)
1. BIRLA INSTITUTE OF MANAGEMENT TECHNOLOGYPLOT NO.5 GREATER NOIDA DISTT. GAUTAM BUDH NAGAR U.P 201301 ...........Appellant(s)

Vs.
1. SH. DHEERAJ KUMAR SACHDEVA94 B TANEJA BLOCK ADARSH NAGAR JAIPUR RAJASTHAN ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :BHUPENDRA SINGH CHAUHAN
For the Respondent :NEMO

Dated : 27 Oct 2009
ORDER

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          Respondent/complainant took admission in two years full time Graduate Diploma in Business Management.  He was given admission in the course after paying sum of Rs.44,000/- under various heads in the said course.   But, due to personal reasons, the respondent could not join the course and requested the petitioner to refund the amount paid by him and fill the seat by giving admission to

 

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some other candidate from the waiting list.  Request was not accepted, which resulted in filing of the complaint before the District Forum.

          District Forum allowed the complaint and directed the petitioner to refund the sum of Rs.39,000/- (Rs.44,000/- minus Rs.5,000/- as admission fee) with interest at the rate of 12% per annum and Rs.5,00/- as costs.

          Petitioner being aggrieved filed an appeal before the State Commission.  The State Commission upheld the order of the District Forum in so far as refund of the sum of Rs.39,000/- is concerned.  Direction regarding award of interest was set aside and instead, the petitioner was directed to pay a lump sum of Rs.5,000/- in lieu of interest.

          Being aggrieved by the order passed by State Commission, opposite party has filed the present Revision Petition.  Complainant has not filed any Revision Petition claiming interest.

 

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          Counsel for the petitioner after taking instructions states that the petitioners are prepared to comply with the order passed by the State Commission in view of guidelines issued by All India Council for Technical Education vide Public Notice Advt. No. AICTE/DPG/06(02)/2009.                 

          Sum of Rs.25,000/- deposited by the petitioner be released in favour of the respondent along with interest accrued thereon.  The balance amount of Rs.19,000/- be paid within a period of 4 weeks.

            Revision Petition stands disposed of in above terms.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER