Haryana

Yamunanagar

CC/873/2012

Arun kumar S/o Lal Chand - Complainant(s)

Versus

Shree Sidhivinayak Educational Trust,s Group Institution - Opp.Party(s)

Parveen Shakkar

30 Mar 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                    Complaint No. 873  of 2012.

                                                                                    Date of institution: 14.08.2012

                                                                                    Date of decision: 30.03.2017

Arun Kumar aged about 25 years son of Sh. Lal Chand, Caste Harijan (Chamar), R/o Village Bhatoli, Tehsil Jagadhri, District Yamuna Nagar, Haryana.                                                                                                                                         

                                                                                                               …Complainant.

 

                                       Versus

Shree Siddhivinayak Educational Trust’s Group of Institutions Shahpur, Bilaspur Road, Jagadhri, District Yamuna Nagar.

Faculty of Engg. ( B.Tech) School of Management ( M.B.A.) (BBA) through its Chairman Sh. Mukesh Kumar Sehgal and Principal Sh. Vipin Chopra.             

                                                                                                              ... Respondent.  

 

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. P.K.Shakkarwal, Advocate, counsel for complainant. 

               Sh. R.C.Sharma, Advocate, counsel for respondent.   

 

ORDER

 

1.                  Complainant has filed the present complaint under section 12 of the Consumer Protection Act 1986 amended  up to date.

2.                  Brief facts of the present complaint, as alleged by the complainant, are that complainant belongs to Harijan (Chamar) Community which has been declared scheduled caste by the Government of Haryana. The complainant, after completing three years diploma in Computer Engineering, got admission in the institution of the respondent (hereinafter respondent will be referred as OP Institute) for B.Tech three years degree course in computer engineering for the session 2009-2010, 2010-2011, 2011-2012 vide roll No. 4808048 and annual fee for this course was Rs. 40,000/- and the complainant paid the same for first and second semester towards annual charges vide receipt No.5 dated 27.08.2009 amounting to Rs. 20,000/-, vide receipt No. 564 dated 16.06.2010 amounting to Rs. 10,000/- and vide receipt No. 1373 dated 20.12.2010 amounting to Rs. 10,000/- and passed 1^st year degree course. thereafter, the complainant got admission in 2^nd year and also deposited Rs. 40,000/- for the whole year vide two receipts bearing No. 1629 dated 01.03.2010 amounting to Rs. 19700/- and vide receipt No. 2093 dated 20.12.2010 amounting to Rs. 20300/- and passed his 2^nd year degree course. After that complainant got admission in final year  and also deposited Rs. 9700/- in cash vide receipt No. 2100 dated 01.07.2011 and appeared in the final year examination and result is still awaited.

              As per desire of the Op Institute in order to get scholarship the complainant opened his bank account bearing No. 1411002219017575 with Oriental Insurance Commerce Branch Bilaspur on 17.08.2011 and obtained a cheque book issued by the Bank. After that official of the OP Institute obtained the signature of the complainant on cheque book containing 10 cheques bearing No. 996391 to 9963100 and kept cheque book alongwith pass book in their possession. The complainant received total amount of Rs. 1,27,675/- i.e. Rs. 50700/- for first and second semester on 20.08.2011 and Rs. 50,700/- for 3^rd and 4^th semester on 20.08.2011 and also received Rs.26275/- for 5^th Semester on 15.03.2012 towards scholarship from the State of Haryana which has been shown in the bank account statement. The official of the OPs Institute misused four cheques No. 996392, 996393, 996394 and 996396 from the cheque book and withdrew the total amount of Rs. 1,26,675/- from the Bank account of the complainant. The complainant had already paid entire fee in cash after arranging the fund on interest from his relatives and friends then the official of the Op Institute was not having any right to withdraw the amount from the account of the complainant from the bank which constitute the deficiency in service and unfair trade practice on the part of the OP Institute. Lastly, prayed for directing the Op Institute to refund the amount of Rs. 1,26,675/- alongwith interest and also not to misuse the remaining six cheques and also to pay compensation as well as litigation expenses. Hence, this complaint.

3.                     Upon notice, OP Institute appeared through its counsel and filed its written statement by taking some preliminary objections such as complaint is not maintainable; there is no relationship of consumer and service provider between the parties; complainant has no locus standi to file the present complaint and on merit it has been admitted that complainant was admitted in B.Tech LEET ( three years degree course i.e. total six semester) in computer Science and Rs. 80,000/- (40,000+40,000) for 3^rd and 4^th semester and Rs. 9700/- for third year studies i.e. Rs. 89,700/- 1^st, 2^nd and 3^rd, 4^th semester was deposited personally by the complainant towards the payment of the college fee and for other charges for add on facilities, for all the three years of his studies. Further, it has also been admitted that Op Institute received total amount of Rs. 1,52,950/- in installments up to 24.11.2012 towards the total payment of post matric scholarship for all three years of the B.Tech LEET Course from the Government of Haryana through the complainant towards the college fee. The scholarship has been adjusted against fee for all the three years of B.Tech LEET Course i.e. the purpose for which it is given by the government. It has been further mentioned that after deducting an amount of Rs. 24000/- (Rs. 8000/- per year for three years) towards other charges, an amount of Rs. 65,700/- was refundable to the complainant and the same was refunded vide cheque No. 911089 dated 26.12.2012 to the complainant through registered post but he refused to accept the same and returned to the OP Institute. Lastly, prayed for dismissal of complaint.

4.                     In support of his case, complainant tendered into evidence his affidavit as Annexure CW/A and documents such as photo copy of schedule caste certificate as Annexure C-1, Photo copy of diploma certificate as Annexure C-2, photo copy of identity card issued by the OP Institute as Annexure C-3, Photo copy of receipt of amounting to Rs. 20,000/-, Rs. 10,000/-, Rs.10,000/-, Rs.19,700/-, Rs.20,300/- and Rs 9700/- as Annexure C-4 to C-9, Photo copy of account statement of OBC Bank as Annexure C-10 and C-11, Photo copy of complaint made to the Governor of Haryana     and others as Annexure C-12, Postal receipts as Annexure C-13, Complaint made to the Human Rights Commission, Chandigarh as Annexure C-14 and closed his evidence.

5.                      On the other hand, counsel for the OP Institute closed the evidence without tendering any documents.

6.                   We have heard the counsels of both the parties and have gone through the pleadings as well as documents placed on the file carefully and minutely. The counsel for the complainant reiterated the averments mentioned in the complaint and prayed for its acceptance whereas the counsel for OP reiterated the averments made in the reply and prayed for dismissal of complaint

7.                     Almost all the allegations made by the complainant in his complaint has been admitted by the OP Institute as the OP Institute has admitted in para No. 3 & 5 of the written statement that complainant had deposited an amount of Rs. 89,700/- towards the part payment of college fee and other charges for add on facilities for all the three (3) years of his studies and Rs. 1,52,950/- in installments upto 24.11.2012 has been received from the Government of Haryana on account of scholarship. Further, OP Institute has also admitted in para No.10 that after deducting Rs. 24,000/- i.e. Rs. 8000/- per year for 3 years) a cheque of Rs. 65,700/- was sent to the complainant but he refused to accept the same and returned to the Institute. Learned counsel for the complainant placed on file cutting of news paper of Yamuna Kesari dated 21.08.2009 which was ordered to be marked as Annexure C-15 and draw our attention towards the add given by the OP Institute wherein it has been mentioned that the annual fee structure for the B.Tech (direct entry to second year is Rs. 40,000/- per annum) and argued that as per this add the OP Institute was entitled to receive the amount of Rs. 1,20,000/- ( Rs. 40000 x 3 = 1,20,000) from the complainant for the degree course of three (3) years whereas the Op Institute has wrongly and illegally charged the amount of Rs. 89,700/- from the complainant in cash personally and withdrew Rs. 1,52,950/- from his bank account by misusing the cheques of the complainant i.e. total amount has been received by the OP Institute Rs. 2,42,650/-( 89,700/-+ 1,52,350) instead of Rs. 1,20,000/- ( Rs. 40,000 x 3=1,20,000) i.e. Rs. 1,22,650/- has been charged in excess from the complainant. The OP Institute has totally failed to controvert the facts of the complaint and further has not placed on file any cogent evidence to controvert the add given in the newspaper Annexure C-15 in which annual fee has been shown as Rs. 40,000/- per annum. As such, we are of the considered view that OP Institute has wrongly and illegally charged the excess amount of Rs. 1,22,650/- from the complainant which constitute the deficiency in service and unfair trade practice on its part. Hence, we have no option except to partly allow the complaint of complainant.

8.                     Resultantly, we partly allow the complaint of complainant and direct the OP Institute to refund the amount of Rs. 1,22,650/- alongwith interest at the rate of 9% per annum from the date of filing of complaint till its actual realization and further to pay a sum of Rs. 2000/- as litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 30.03.2017

                                                                                    (ASHOK KUMAR GARG)

                                                                                    PRESIDENT

                                                                                    DCDRF, Yamuna Nagar.        

 

 

                                                                                    (S.C.SHARMA)

                                                                                    MEMBER