DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Jaspreet Kaur d/o Sh. Jagjit Singh, R/o Vill. Saini Majra, P.O. Rani Majra, Tehsil Kharar, Distt. Mohali (Punjab).

              ---Complainant

Vs.

1]   Sh. Ashwani Gupta, Program Coordinator, M/s IndiaCan Education Private Limited (A Pearson Educomp Company), SCO No. 118-120, Sector 34-A, Chandigarh – 160034.

2]   M/s IndiaCan Education Private Limited, Registered Office: 1211, Padma Tower-1, 5 Rajendra Place, New Delhi-08, through its Manager Shri Baljit.

---- Opposite Parties

BEFORE:   SH. LAKSHMAN SHARMA          PRESIDENT

MRS.MADHU MUTNEJA            MEMBER

SH. JASWINDER SINGH SIDHU    MEMBER

Argued By:    Sh. Baldev K. Behl, Counsel for Complainant.

              Sh. Vivek Mohan Sharma, Counsel for Opposite Party No.1.

              Sh. Munish Jolly, Counsel for Opposite Party No.2.

PER MADHU MUTNEJA, MEMBER

1.          The Complainant has approached the Opposite Party No.1 in May, 2012 for pursuing course in Diploma in B&D Journalism. She had initially deposited Rs.250/- for interview and thereafter, Rs.10,000/- for registration, receipts of which are on record. Subsequently, the Complainant got admission in Punjabi University, Patiala, in Master in Journalism and Mass Communication. She accordingly applied to the Opposite Parties for refund of Rs.10,000/- but the Opposite Parties did not make payment. The Complainant has thus filed the instant complaint, with a prayer for payment of Rs.10,000/-, along with compensation and costs of litigation.

2.          Notice of the complaint was sent to Opposite Party seeking its version of the case.

3.          Opposite Party No.1 in reply has admitted receipt of the amounts mentioned in the complaint. It has been pleaded that as per terms & conditions printed on the receipt itself, the amount was not refundable; hence the Complainant is not entitled to the amount. No assurance was ever given to the Complainant for refund. Alleging that the complaint is wrong, false and frivolous, Opposite Party No.1 has prayed for dismissal of the complaint.

4.          Opposite Party No.2 in its reply has maintained that the Complainant has not proved any deficiency in service by the answering Opposite Party. The Complainant was well within the knowledge at the time of depositing admission fee that the amount was non-refundable as was clearly mentioned in the terms & conditions. She is a literate person. Opposite Party No.2 submitted  that it has no knowledge whether the Complainant had contacted the Opposite Party No.1 for refund. Denying all other allegations, Opposite Party No.2 has therefore prayed for dismissal of the complaint.  

5.          Parties were permitted to place their respective evidence on record, in support of their contentions.

6.          We have heard the learned counsel for the parties and have perused the record.

7.          The case of the Complainant relates to non-refund of Rs.10,000/- paid to the Opposite Parties for pursuing her P.G. Diploma in B&D Journalism. The Opposite Parties have stated that the terms & conditions are written on the back side of the receipt itself placed on record by the Complainant that the amount is non-refundable. A perusal of the receipt shows payment mode as cash, receipt no. and amount. Besides this, the student name has been given. It has also been given that this amount is towards registration.  

8.          It is thus evident that the amount of Rs.10,000/- paid by the Complainant to the Opposite Parties is for her registration for the P.G. Diploma in B&D Journalism and not as fee for the said course. Hence, to our mind, the Complainant would not be entitled to refund of this amount, as per the terms and conditions on the back of Annexure C-2 placed on record by the Complainant herself. Even in the interest of justice, it would be inappropriate for this Forum to pass orders for refund of registration charges just because the Complainant has procured admission elsewhere.

9.          Hence, finding no merit in the complaint. We dismiss it with no order as to costs.

10.        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

14^th May, 2013                            

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

(MADHU MUTNEJA)

MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER