BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Complaint  Case No  : 1243 of 2009

Date   of   Institution :    01.09.2009

Date  of    Decision   :    09.02.2010

Ankita Kumari C/o Sh.Ajay Kaushal, #11, Sector 12-A, Panchkula (HR.)

….…Complainant

V E R S U S

Swami Vivekanand Group of Institutes, Campus : Chandigarh-Patiala National Highway, Sector-8, Banur (Ram Nagar), district Patiala, Punajb.  Head Office: SCO 51-52, Sector 20-C, Chandigarh. 

.…..Opposite Parties

CORAM:    SH.JAGROOP SINGH MAHAL      PRESIDENT

                DR.(MRS) MADHU BEHL              MEMBER

Argued by:         Sh.Abhishek Chadha, Auth. Repre. of complainant.

Sh.Harinder Kumar, Adv. for OP.

PER SH.JAGROOP SINGH MAHAL, PRESIDENT

                The complainant took admission in OP Institute through counseling of MET organized by Punjabi University, Patiala on 21.8.2009 and deposited the fee of Rs.30,000/- along with original certificates.  However, due to some personal and financial constraints, she requested the Principal of OP Institute on 24.8.2009 for cancellation of her admission and refund of the fee but the refund was flatly refused whereas as per the Prospectus if anyone surrendered its seat within 7 days of the end of counseling, then the college must refund full fee after deduction of Rs.1000/- only.  Therefore, the present complaint has been filed alleging the above act of OP Institute as gross deficiency in service and unfair trade practice, due to which the complainant had to suffer a lot.

2]             OP filed reply and admitted that complainant took admission in their Institute and deposited fee of Rs.30,000/-.  It is stated that complainant left the course after joining it for 2-3 days due to her personal reasons and therefore, the seat surrendered by her remained vacant for the whole sessions as a result monetary loss was caused to the OP Institute as well as to the students who were willing to take admission in the OP Institute.  It is also stated that OP Institute is bound to follow the norms and instructions issued by AICTE (Ann.R-1) they have to refund the fee if the seat surrendered by the candidate is filled after  deducting Rs.1000/- as processing charges but since the seat so vacated by the complainant remained vacant (Ann.R-2) for the whole sessions, therefore, her fee was retained by the OP Institute.  Denying rest of the allegations, it is prayed that the complaint be dismissed.

3]             Parties led evidence in support of their contentions.

4]             We have heard the representative of the complainant and ld.Counsel for OP and have also perused the record.

5]             The complainant has not pointed out any deficiency in service on the part of the OP.  She left the studies due to personal and financial constraints as mentioned in para number 1 of the complaint.  If she intentionally left the course, we cannot attribute any deficiency on the part of the OP and OP cannot be asked to refund the fee.

6]             The Representative of the complainant has argued that it was assured to her that the entire fees except Rs.1,000/- would be refunded, if she left the course within 7 days of the first counseling, that she left the course after attending it only for 2 to 3 days and therefore she is entitled to refund of Rs.29,000/-.  We do not find any merit in this argument.  The Representative could not point out any provision in the prospectus, if the fee was to be refunded on her withdrawing from the course within 7 days.  The Learned Counsel for the OP has argued that the instructions of All India Council for Technical Education are Annexure R-1.  He referred to Annexure R-2 to the effect that 17 seats remained vacant and the seat vacated by the complainant was not filled up.  The complainant has already attended the course for 2 to 3 days which shows that the course had started and therefore no fresh admission could be made by the OP.  Leaving the course rather caused a loss to the OP and therefore in view of Annexure R-2, the complainant is not entitled to the refund of the fees.

7]             In view of the above discussion, we are of the opinion that neither there is any deficiency on the part of the OP nor are they bound to refund the fees. There is no merit in this complaint and the same is accordingly dismissed.

          Certified copies of this order be sent to the parties free of charge.  The file be consigned.