Haryana

Kurukshetra

CC/49/2019

Pooja - Complainant(s)

Versus

Sth Banarsi Dass - Opp.Party(s)

Sandeep Malik

15 Jan 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

 

                                        Consumer Complaint No.49 of 2019.

                                        Date of instt.:04.2.2019. 

                                        Date of Decision:15.1.2020.

 

Pooja daughter of Shri Umesh and wife of Sachin Gupta, r/o H.No.1908, Sector-4, Urban Estate, Kurukshetra.

                                                                …….Complainant.                                           

         Versus

Seth Banarsi Dass Institute of Management and Technology, Pipli Road, Opp. Sector-7, Kurukshetra through its Principal/Responsible person.

 

        ….…Opposite party.

 

Complaint under Section 12 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                                                   

Present:     Shri Sandeep Malik, Advocate for the complainant.          

Shri Gurbaksh Singh, Advocate for the opposite party.     

           

ORDER

                                                                                            

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Pooja against Seth Banarshi Dass, the opposite party.

2.             The brief facts of the complaint are that the complainant applied for the admission with the OP in B.Ed and she has deposited a sum of Rs.15,000/- as admission fee and also deposited a sum of Rs.625/- as counseling fee and the OP College had issued receipt of said amount. The officials of the OP assured that the said amount is refundable, in case the complainant found not eligible as per merit list. That after counseling, she was not found eligible for the admission on the basis of merit list and she went to OP college and requested the officials to refund the admission fee of Rs.15,000/- to her and at that time, she has been assured that the said amount shall be refunded automatically to her after one week. That since then, she approaching the OP officials many times in this regard, but all in vain. That under compelling circumstances, she made a representation/application to the OP in dasti, but OP refused to give the receipt of the same and had not refunded the said amount. That the said act and conduct of the OP and its officials amounts illegal and unfair trade practice. Hence, this complaint.

3.             Upon notice, the opposite party appeared and filed written statement raising preliminary objections regarding maintainability; cause of action; jurisdiction. The complainant has not come with clean hands and has suppressed the true & material facts from this Hon’ble Forum. The true & material facts are that the Seth Banarshi Dass College of Education issued a cheque bearing No.003172 dated 19.12.2018 amounting Rs.15,000/- in favour of complainant, but husband of the complainant throw the said cheque in the office by saying that you will give the cheque in the Court and also denied for taking the cheque, but now the complainant has filed the present petition just to harass the OP and to extract money from the OP. The college is ready to give the said cheque to the complainant. On merits, the rest of the contents of the complaint are denied and prayed for dismissal the same.                           4.           The complainant tendered affidavit Ex.CW1/A alongwith documents Ex.C-1 to Ex.C-4. The learned counsel for OP tendered affidavit Ex.RW1/A alongwith document Ex.RW-1.

5.             We have heard the learned counsel of the parties and carefully gone through the case file.

6.             The learned counsel for the complainant has reiterated all the averments mentioned in the complaint. He argued that the complainant applied for the admission with the OP in B.Ed and deposited a sum of Rs.15,000/- as admission fee and Rs.625/- as counseling fee and the OP College had issued receipt of said amount. He further argued that after counseling, the complainant was not found eligible for the admission on the basis of merit list and thereafter requested the OP to refund the admission fee of Rs.15,000/- to her, but the OP refused to refund the same. In support to his contention, the complainant produced case laws titled Brilliant Classes Vs. Mrs. Saroj Rawat, First Appeal No.402 of 2012, dod 10.1.2014 (Delhi State Commission) and Seema Vs. Rohin Sachdeva (Dr.) and Anr., First Appeal No.1076 of 2002, dod 19.2.2008 (State Commission, Punjab).

7.             Contrary to it, the learned counsel for the OP has also reiterated all the averments mentioned in the written statement. He argued that the OP college issued a cheque bearing No.0031772 dated 19.12.2018 amounting Rs.15,000/- in favour of complainant, but husband of the complainant throw the said cheque in the office by saying that you will give the cheque in the Court and also denied for taking the cheque. He further argued that now the complainant has filed the present petition just to harass the OP and to extract money from the OP and prayed for dismissal the same.

8.             There is no dispute that the complainant applied for the admission with the OP in B.Ed and deposited sum of Rs.625/- and Rs.15,000/- as admission fee and counseling fee and the OP College had issued receipts in this regard Ex.C-1 & Ex.C-2 respectively. There is also no dispute the admission amount of Rs.15,000/- is refundable if the complainant was not found eligible for the admission on the basis of merit list in the counseling. The grievance of the complainant is that after counseling, she was not found eligible for the admission on the basis of merit list and accordingly requested the OP college to refund the admission fee of Rs.15,000/- to her, but the OP had not refunded the said amount. Thereafter, the complainant sent legal notice dated 09.1.2019 Ex.C-3 to the OPs through Trackon Courier vide Consignment Note dated 09.1.2019 Ex.C-4. On the other hand, the learned counsel for the OP has contended that the OP college issued a cheque bearing No.003172 dated 19.12.2018 amounting Rs.15,000/- Ex.RW1 in favour of the complainant, but husband of the complainant throw the said cheque in the office of OP and also denied for taking the cheque. However, it is pertinent to mention here that when the complainant was not found eligible for the admission on the basis of merit list, then the OP was duty bound to refund the admission amount to the complainant. For the sake of discussion if the contention of the OP that “complainant’s husband refused to receive the cheque in question”, is believed, even then the OP can send that cheque through courier/post to the complainant, but the OP did not do so and retained the same with it. Hence, the OP is deficient in providing the services to the complainant. Moreover, any educational institute/college cannot take the admission fee in advance before the counseling, but in the present case, the OP College received the admission amount in advance from the complainant and by doing so, the OP committed an act of unfair trade practice also.

9.             In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To refund the amount of Rs.15,000/- to the complainant.
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

                The OP is further directed to comply with the aforesaid directions within the period of 30 days from the date of preparation of certified copy of this order, failing which, the complainant shall be entitled interest @9% per annum from the date of order till actual payment and the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OP. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

Announced in open Forum:

Dt.:15.1.2020.                                            (Neelam Kashyap)

                                                                President.

 

(Issam Singh Sagwal),         (Neelam)       

Member                             Member.