DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD<br /> <br /> Dated this the 31st day of October 2007.<br /> <br /> Present : Prof.O.Unnikrishnan, President in charge<br /> Smt.K.P.Suma, Member<br /> C.C.No.10/2007<br /> Praseetha.P<br /> D/o. Shankaran.P.<br /> Punchayil House<br /> Nagalasseri (P.O)<br /> Koottanad (Via) Pin-679 124 - Complainant<br /> <br /> V/s<br /> Sneha Teacher Training<br /> Institute (TTC)<br /> Attayampathy<br /> Govindapuram<br /> Palakkad-678 507 - Opposite party <br /> <br /> O R D E R<br /> <br /> By Smt. K.P. Suma, Member<br /> <br /> <br /> The complainant in this complaint is a student belongs to the Scheduled Caste- Scheduled Tribe category and she got admission in merit seat as per the order of the Deputy Director of Education, Palakkad vide No.C2-10946-06/C2-15072-06 dated 31.08.06 and she joined in the institute of the opposite party . At the time of admission the complainant had informed the opposite party that she is trying for a transfer to the nearby institute of her house as there is no hostel facility with the opposite party s institute. The opposite party promised her that they will refund the full fees when she get transfer to another institute. <br /> <br /> - 2 - <br /> Accordingly the complainant submits that she paid Rs.12,000/- towards tuition fee, Rs.100/- towards admission fee and Rs.3,000/- as development fee, vide receipt No,393 dated 02.09.2006 moreover the opposite party also collected Rs.1000/- towards caution deposit, Rs.860/- towards books and Rs.600/- towards uniform and Rs.200/- for paper and the complainant totally paid Rs.17,760/- to the opposite party .<br /> <br /> The complainant further submits that her application was considered by the Deputy Director of Education, Palakkad to the institute near her house vide order No.C2-10946-06/C2-15072-06 dated 13.09.2006 and she was transferred to Ideal T T C, Cherpulassery.<br /> <br /> It is alleged in the complaint that on receiving the transfer order the complainant immediately approached the opposite party 's office vide letter dated 15.09.06 and requested for refund of Rs.17,760/- and also for the original SSLC Certificate, Plus two Certificate, Caste Certificate, nativity certificate, transfer certificate and health certificate. But the opposite party declined to the complainants request and returned back only the original documents. No amount was refunded.<br /> <br /> The complainant further alleges that she joined in Ideal T T C, Cherpulasseri wherein also she had to remit Rs.2000/- towards caution deposit, Rs.100/- towards admission fees, Rs.4,000/- towards tuition fees and Rs.1,000/- towards development fees vide receipt dated 18.09.2006 to a total of Rs.5,100/-.<br /> <br /> According to the complainant, the aforementioned act of opposite party amounted to clear deficiency in service . Hence she has approached before <br /> - 3 - <br /> this Forum and filed this complaint seeking an order directing the opposite party to refund an amount of Rs.17,760/- and also to pay a sum of Rs. 10,000/- as compensation towards the mental agony, stress and strain suffered by the complainant.<br /> <br /> Notice was issued to opposite party for appearance. Opposite party filed version stating the following contentions. <br /> <br /> The opposite party submits that the complainant was a student belonging to SC category and she got admission as per order of the DDE, Palakkad is correct and admitted by the opposite party. The opposite party denies the fact that the complainant was trying to transfer to near by institution.<br /> <br /> The averment that the opposite party asked the full term fees from the complainant is correct that it is the procedure adopted by the institution in collecting the fees from the students. The allegation that the opposite party made the complainant believes that the fee will be refunded at the time of transfer is false. <br /> <br /> The opposite party in his averment submits that it is the method and practice of the institution to collect fees for the academic year at the time of admission but there is no practice or precedent in the institution to refund the fees collected from the student. On the other hand it is with on the well knowledge of the complainant that once fees are collected from the students it shall not be refunded in any case. The opposite party submits that the complainant did not get any transfer order but she got admission at Ideal T T C Cherpullassery on the strength of a new merit list but not on the strength of a transfer. The opposite party also submits that when the complainant moving <br /> - 4 -<br /> from one institution to another institution did not make any application to issuance of the T C from the institution of the opposite party. The opposite party is not liable to refund any amount to complainant since all the terms and conditions of the institution has already admitted by the complainant at the time of her admission.<br /> <br /> The opposite party also submits that as the complainant is not a consumer in this case and hence she is not entitle to claim any compensation under the Consumer Protection Act and hence this complaint itself is not sustainable. There was no deficiency of service on the part of opposite party. Hence the opposite party humbly prays before this Forum may pleased to dismiss this case with costs to the opposite party.<br /> <br /> Complainant filed proof affidavits along with documents Exhibits A1 to A9 was marked from the side of the complainant.<br /> <br /> Matter was heard.<br /> <br /> We have perused the affidavit as well as exhibits produced before the forum. It is evident from Exhibit A1 that she had paid Rs.12,000/- towards tuition fee, Rs.100/- towards admission fee and Rs.3000/- towards development fee, totaling to Rs.15,100/- to the opposite party Institute. The complainant averred that she had applied for transfer to another institute near her house before the Deputy Director of Education, Palakkad and her application was considered and per the order of Deputy Director of Education, Palakkad. She was transferred to Ideal TTC, Cherpullasseri. The said fact is proved from Exbt A8. Accordingly, complainant requested for refund of the amount through Exbt A2 and the above request was also made to Deputy <br /> - 5 -<br /> Director of Education, Palakkad through Exbt.A3.<br /> <br /> It is true that the complainant had to pay an amount of Rs.5,100/- towards caution deposit, admission fee and tuition fee as per Exbt A6 when she joined in Ideal T T C, Cherpullasseri. The opposite party in their version contended that full term fees has to be paid at the time of admission itself. The complainant has got admission at Ideal T T C, Cherpullasseri on the strength of a new merit list. The opposite party argued that fees once collected need not be refunded. There is no such practise or precedent in the institution to refund the fees collected from the students. They also contended that the complainant is not a consumer here and she is not entitle to claim any compensation.<br /> <br /> In the case of Abel Pacheeo Racias Vs Principal, Vharati Vidypith College of Engineering, (1992) I CPJ 105 it is held that a student is essentially a consumer of services in educational Institution when there is no service availed, there is no right with the college to appropriate tuition fees of a student. This forum has also taken the view that it amounts to “deficiency in service” if tuition fees are collected without imparting education. In our view, therefore, this complaint is maintainable within the jurisdiction of this forum.<br /> <br /> The complaint is entitled for refund of tuition fees, caution deposit and amount paid towards development fees etc. Admission fee is a consideration for admission and the service which the institute was to render to the student in the matter of her pursuing studies in the institute after admission. Hence admission shall not be refunded. It is not proper on the part of the opposite party not to refund the caution deposit, tuition fee and development fee to the complainant who has already taken the T C and joined another institute to <br /> - 6 -<br /> pursue her studies. The opposite party had not produced any evidence to show that they had suffered any financial loss, when the complainant had chosen to continue her T T C course at another institution. In view of the facts set forth above, there is deficiency in service of service on the part of opposite party. In the result the complaint is allowed.<br /> <br /> Hence we direct the opposite party to refund an amount of Rs.16,000/- collected towards tuition fee, development charges and caution deposit along with a sum of Rs.500/- towards costs within a period of one month from the date of communication of this order failing which the complainant is entitled to get 9% per annum interest for the whole amount from the date of order till realization. <br /> <br /> Pronounced in the open court on this the 31st day of October 2007.<br /> <br /> President in charge (Sd)<br /> <br /> Member (Sd)<br /> <br /> APPENDIX<br /> <br /> Exhibits marked on the side of the complainant<br /> Ext.A1 – Receipt dated 02.09.2006<br /> Ext.A2 – Letter dated 15.09.06 from complainant to opposite party<br /> Ext.A3 – Letter dated 27.12.06 by the complainant to D D Education <br /> Ext.A4 – Form of caste certificate<br /> Ext.A5 – Receipt issued by ideal institute, Cherpulassery 18.09.06<br /> <br /> - 7 -<br /> Ext. A6 – Receipt dated 18.09.06 issued by Ideal Institute, Cherpulachery for <br /> an amount of Rs.5,000/-<br /> Ext. A7 – Letter showing selection of complainant to opposite parties institute<br /> Ext. A8 – Letter showing selection of complainant to Cherpulachery Institute<br /> Ext. A9 – Letter by District Scheduled caste Development Officer, Palakkad<br /> Exhibits marked on the side of the opposite party<br /> Nil<br /> <br /> Forwarded/By Order<br /> Sd/-<br /> Senior Superintendent<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />