Date of Filing : 18.11.2013
Date of Order : 17.02.2016.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU. B. RAMALINGAM M.A.M.L., : PRESIDENT
DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.NO.372/2013
WEDNESDAY THIS 17TH DAY OF FEBRUARY 2016
M. Ajay Vigneshwar,
C/o. Dr.S.Mahalingam,
No.1, Bakthavachalam Street,
Ring Road,
Koyambedu,
Chennai 600 107. ..Complainant
..Vs..
1. The Administrative Officer,
SSN Institutions,
T.V. Loganathan Towers,
211/95 V.M. Streeet,
Chennai 600 004.
2. The Principal,
Sri Sivasubramania Nadar College,
Of Engineering,
Rajiv Gandhi Salai (OMR),
Thiruporur 603 110.
Kanchipuram District. ..Opposite parties
For the Complainant : Party in person.
For the Opposite parties : M/s. R. Parthasarathy & other
Complaint under section 12 of the Consumer Protection Act 1986. The complaint is filed seeking direction against the opposite parties to pay a sum of Rs.1,02,550/- as balance of fees and also to pay a sum of Rs.50,000/- as compensation and also to pay a sum of Rs.10,000/- as cost of the complaint to the complainant.
ORDER
THIRU. B. RAMALINGAM PRESIDENT
1.The case of the complainant is briefly as follows:-
The complainant submitted that the complainant Ajay Vigneshwar has joined B.Tech four years course in the opposite parties college of SSN college of Engineering and have completed 1st year course and also attended about the classes for the 2nd year course for the period of about one month and discontinued the said course on 31-07-2013, for the purpose of joining the same B.Tech course at National Institute of Technology, Trichy, after receiving necessary Transfer Certificate dated 31.07.2013 on paying the Tuition Fees of Rs.40,000/- and fee for various special facilities including transport, hostel rent, books, record books, lab coat, and refundable caution deposit etc., Rs.59,750/- and also paying a sum of Rs.7000/- for additional room rent totaling a sum of 1,06,750/-. The complainant has received Rs.4200/- as refund from the opposite parties. Further the complainant has discontinued the course of study from the opposite party’s college and joined in a another college. The complainant has attended hardly about one month period in the opposite party’s college in the 2nd year course as such the said amount was paid on completion in order to get the certificates and transfer certificate from the opposite parties to produce to the same in the another college in which he has joined subsequently. The opposite parties are liable to refund the entire amount to the complainant but despite of demand made by the complainant to the opposite parties, the opposite parties has made refund Rs.4200/- and refused to pay the balance amount. As such the act of the opposite parties is amount to deficiency in service and which caused mental agony and hardship to the complainant. As such the complainant has sought for a sum of Rs.1,02,550/- as balance of fees and also to pay a sum of Rs.50,000/- as compensation and also to pay a sum of Rs.10,000/- as cost of the to the complainant. Hence the complaint.
Written Version of opposite parties are briefly as follows:
2. The opposite parties denies all the averments and allegation contained in the complaint except those that are specifically admitted herein. The opposite parties submit that since the complainant has discontinued the course during the 2nd year course of the study, the said seat of the said course was kept vacant and cannot be filled up and for the subsequent period of entire course i.e for another three years, therefore there is no justification on the part of complainant for asking refund of the amount and also the opposite parties are not liable to refund the amount as per the terms and conditions of the admission to the course as well as under the guide line of University Grant Commission. However the complainant was refunded a sum of Rs.4200/ by the opposite parties towards the amount collected for the hostel rental charges. Hence there is no deficiency in service on the part of the opposite parties and complaint is liable to be dismissed.
3. Complainant has filed his Proof affidavit and Ex.A1 to Ex.A14 were marked on the side of the complainant. Proof affidavit of Opposite parties are filed and Ex.B1 to Ex.B8 series were marked on the side of the opposite parties.
4. The points that arise for consideration are as follows:-
1) Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to the reliefs asked for?.
5. POINTS 1 to 3 : -
Perused the complaint filed by the complainant, the written version filed by the opposite parties, proof affidavits filed by both parties and the documents Ex.A1 to Ex.A14 filed on the side of complainant and Ex.B1 to Ex.B8 filed on the side of opposite parties and considered both sides arguments.
6. There is no dispute that the complainant Ajay Vigneshwar has joined B.Tech four years course in the opposite parties college of SSN college of Engineering and have completed 1st year course and also attended about the classes for the 2nd year course for the period of about one month and discontinued the said course on 31.07.2013, for the purpose of joining the same B.Tech course at National Institute of Technology, Trichy, after receiving necessary Transfer Certificate dated 31.07.2013 on paying the Tuition Fees of Rs.40,000/- and fee for various special facilities including transport, hostel rent, books, record books, lab coat, and refundable caution deposit etc., Rs.59,750/- and also paying a sum of Rs.7000 for additional room rent totaling a sum of 1,06,750/-. The complainant has received Rs.4200/- as refund from the opposite parties.
7. The complainant has raised grievance in this complaint, the complainant has discontinued the course of study from the oppose party’s college and joined in a another college. The complainant has attended hardly about one month period in the opposite party’s college in the 2nd year course as such the said amount was paid on completion in order to get the certificates and transfer certificate from the opposite parties to produce the same in the another college in which he has joined subsequently. The opposite parties are liable to refund the entire amount to the complainant but despite of demand made by the complainant to the opposite parties, the opposite parties has made refund Rs.4200- and refused to pay the balance amount, for which they are not proper on the part of the opposite parties and the said act of the opposite parties are also contrary to the guide lines given by the University Grant Commission.
8. Whereas the opposite parties have raised the objection by stating since the complainant has discontinued the course during the 2nd year course of the study, the said seat of the said course was kept vacant and cannot be filled up and for the subsequent period of entire course i.e for another three years, therefore there is no justification on the part of complainant for asking refund of the amount and also the opposite parties are not liable to refund the amount as per the terms and conditions of the admission to the course as well as under the guide line of University Grant Commission. However the complainant was refunded a sum of Rs.4200/ by the opposite parties towards the amount collected for the hostel rental charges. Therefore the complaint is to be dismissed.
9. The authorized person of the complainant who is the grandfather of the complainant has argued that complainant having attended only one month period of classes and discontinued the course the retention of entire fee paid for the said 2nd year course by the opposite parties are not proper and as per the University Grants Commission that are liable to return the amount collected by the opposite parties by the 2nd year of the eve of discontinuation that too for the purpose of joining another institution for the same course. Further the opposite parties have also had the chance to fill up the seat proposed to be vacant by admitting lateral entry students in the said course. The refund of the part amount of Rs.4200/- made by the opposite parties instead of entire amount is not proper and the balance amount collected by the opposite parties for the said course for which the complainant has discontinued is ordered to be paid by the opposite parties to the complainant. Whereas the learned counsel appearing for the opp. parties has contended that since the complainant has discontinued the course during the 2nd year of the course even after attending the 1 month period of classes is not entitled to refund of college fees said to have been paid by the complainant for the said year. Further since the said seat kept vacant and not filled up by new candidate it has caused monetary loss for the opp. parties by being left seat of the said course for the entire period of the course. Even as per the terms and conditions which were agreed by the opposite parties for the admission of the course is not entitled for the refund and the guide line issued by the University Grant commission is also not made the complainant entitled for the refund of the amount from the opposite parties.
10. The opposite parties counsel has referred the Public Notice issued in the year 2008 by the All India Counsel for Technical Education as per the Ex.B4, in which it is mentioned i) the refund of fee paid by the candidate on his cancellation of joining the course only, the entire fee is less by Rs.1000/- is entitled ii) after beginning of the academic session and the seat could be filled by the institute before the cutoff date the Entire fee less the seat cancellation charges on prorata basis iii) On request received after the start of academic session and seat could be filled by the Institute No refund (expect security deposit) as contended by the complainant the above said conditions will applicable only for the newly admitted candidates in the beginning of the course i.e first year course. Therefore the said condition may not be applicable for the
present case which is relates to the claim of the refund of the discontinue of the candidate in the 2nd year course. With regard to the University Grant Commission mentioned conditions for the refund of fee paid by the discontinue candidates will also applicable only for the candidate who are discontinue the course of the study. However the considering the circular No.2999/J2/2013, dated 11.07.2013 issued by the Directorate of Technical Education, Chennai 25 filed on the side of opposite parties in the list of documents page-31 it is mentioned that “Supplementary counseling for SC against SCA vacancies for admission to see 2nd year BE, B.Tech degree courses under lateral entry courses for the year 2013-2014 is scheduled to be held on 17-07-2013 A.N.”, “The Last date for admission for the Lateral Entry Course for the year 2013-2014 is 31.07.2013 and “ The certificate verification for lateral entry courses for the year 2013-2014 will be held from 05.08.2013 onwards. Therefore as per the above circular the admission of Lateral Entry for the vacancies arised for the discontinuation of the complainant in the said course has got chances to be filled up, as contended by the complainant’s side. Contrary to this the contention made by the opposite parties that there is no chance to fill up the said seat which has become vacant due to discontinuation of course by the complainant is not acceptable and it is also not proved that it has been not filled up by the opposite parties under the Lateral Entry admission scheme. Further the complainant also attended 2nd year course classes for the period of one month i.e in the month of July 2013 and discontinued the course on 31.07.2013. Therefore considering the facts and circumstances of the case we are of the considered view that the claim of the complainant refund of the entire fee or the denial of refund of fee by opposite parties are not proper, whereas the complainant is entitled for refund of half portion of the fee out of the Rs. 1,06,750/- paid for the 2nd year course as the portion of the fee unattended period of course or the 2nd Semester. As such the complainant is entitled for refund of a sum of Rs.53,375/- as unattended portion of 2nd Semester fee only. There is no dispute that the complainant had already received a sum of Rs.4200/- from the opposite parties. Considering the facts and circumstances of the case, we are of the considered view that the complainant is not entitled for any compensation sought for in the complaint. Therefore the opposite parties is liable to refund Rs.53,375/- minus Rs.4200 = 49,175/- as refund and also to pay a sum of Rs.5,000/- as litigation charges to the complainant. Accordingly the points 1 and 2 are answered.
In the result, this complaint is partly allowed. The opposite parties 1 and 2 are jointly and severally directed to pay a sum of Rs.49,175/- (Rupees Forty nine thousand one hundred and seventy five only) as refund and also to pay a sum of Rs.5,000/- (Rupees Five thousand only) as cost to the complainant within six weeks from the date of this order, failing which the above said amount (Rs.49,175/) will carry interest @ 9% p.a. from the date of this order to till the date of payment.
Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the 17th day of February 2016.
MEMBER-II PRESIDENT.
Complainant’s side documents:
Ex.A1- 24.8.2012 - Copy of allotment order by Govt. of Tamil nadu.
Ex.A2- 30.7.2013 - Copy of Provisional seat allotment by Central Seat
Allotment Board, Rourkela
Ex.A3- 31.7.2013 - Copy of receipt of payment of Rs.1,06,750/ with
2nd opposite party.
Ex.A4- 31.7.2013 - Copy of No dues certificate.
Ex.A5- 31.7.2013 - Copy of No dues certificate.
Ex.A6- 31.7.2013 - Copy of Transfer certificates issued by 2nd opposite party
Ex.A7- 22.9.2013 - Copy of letter to 2nd opposite party for refund.
Ex.A8- 20.10.2013 - Copy of authorization to grandfather
Ex.A9- 24.10.2013 – Copy of reminder letter to 1st opposite party
Ex.A10- 25.10.2013 – Copy of proof of delivery signed by 1st opposite party
Ex.A11- 7.8.2013 - Copy of order of the SCDRF, Maudai Bench.
Ex.A12- 31.8.2013 - Copy of remittance invoice for refund of Rs.4200/-
Ex.A13- - - Copy of AICTE Mandatory Disclosure.
Ex.A14- 16.7.2015 - Copy of RTI letter
Opposite parties’ Exhibits:-
Ex.B1- 11.7. 2013 - Copy of Circular issued by the Director of Technical
Education, Chennai – 25.
Ex.B2- 31.7.2013 -Copy of T.C. issued to the complainant
Ex.B3- - -Copy of Attendance Register.
Ex.B4- - -Copy of Public Notice.
Ex.B5- 23.4.2007 -Copy of Public Notice issued by UGC.
Ex.B6- 18.6.2012 -Copy of Tuition fee waiver scheme guidelines issued by
DOTE
Ex.B7- 7.5.2013 - Copy of Lateral Entry Admission Guidelines issued by DOTE.
Ex.B8- 3.12.2012 - Copy of Approval for admission accorded by the
Commissioner of Technical Education.
MEMBER-II PRESIDENT.
