The chairman ,mamatha Medical & Dental College ,Khammam.
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
BEFORE THE DISTRICT CONSUMERS FORUM AT KHAMMAM Dated this, the 5th day of October, 2010 CORAM: 1. Sri Vijay Kumar, B.Com., L.L.B. - President, 2. Smt.V.Vijaya Rekha B.Sc. B.L. - Member 3. Sri R.Kiran Kumar, B.Sc. L.L.B - Member C.C.No.27/2010 Between: Talluri Aswani, D/o.Ramesh Babu, age:19 years, occu:Student, R/o.H.No.8-2-230, B.K.Bazar, Wyra Road, Khammam town. Complainant and The Chairman, Mamatha Medical & Dental College, Khammam. Opposite party This C.C. is coming on before us for hearing in the presence of Sri.K.P.Satyanarayana Rao, Advocate for complainant and of Sri.P.Madhava Rao, Advocate for opposite party; upon perusing the material papers on record; upon hearing arguments and having stood over for consideration, this Forum passed the following:- O R D E R (Per Sri Vijay Kumar, President) This complaint is filed under section 12-A of the Consumer Protection Act, 1986. The averments made in the complaint are that the complainant has completed her intermediate and intended to study B.D.S. course, she came to know that some seats were vacant in Mamatha Medical college, Khammam and she approached them in the month of October, 2009 and the college authorities of opposite party institute have informed that there was only one seat vacant and offered the same to the complainant. The college authorities made to believe that no classes were started for B.D.S. course, on that the complainant intended to join in their college and she paid Rs.23,565/- towards university fee on 6-10-2009. Later the college authorities gave a credit voucher of Andhra Bank, Special Counter, Khammam Branch with their college Account number advising the complainant to deposit Rs.1,75,100/-. Accordingly, the complainant paid the said amount in the account of opposite party college, Khammam and she also paid Rs.5,000/- towards tuition fee on 7-10-2009. Though she paid the said amount in the month of October, 2009, but the Andhra Bank (Mamatha Medical College Extension Counter), Khammam stamped the challan with date as if the said amounts were paid in the month of July, 2009. It appears that there was an arrangement between college authorities and bank authorities. After that the complainant and her parents have made enquiries with the students and college lecturers of O.P. to send the complainant to regular classes, but to the surprise of the complainant, she came to know that already classes have been commenced four months back i.e. June, 2009 itself. By suppressing the same, the college authorities have admitted the complainant in B.D.S. course. The complainant thought that as the classes were already commenced she may not complete the syllabus. The complainant and her parents have requested the management of the opposite party to cancel the admission of the complainant and refund the total amount of Rs.2,03,665/- paid y them and to return the original certificates vide application dt.9-10-2009 as per U.G.C. guidelines. But the management of the opposite party college did not respond. Though the complainant and her parents made several rounds to the college of opposite party, but they did not care the request of the complainant and her parents. Because of the negligent attitude of the college authorities, the complainant put to mental agony for the last six months and they were put to untold hardship. The complainant is legally entitled for refund of the amount and also return of original certificates and also entitled for damages for the mental agony and harassment suffered by her. Hence, this complaint. Apart from the complaint, the complainant filed her affidavit, reiterating the contents of the complaint. . On receipt of the notice, the opposite party made appearance through their counsel and filed counter. In the counter, all the averments made in the complaint are denied in toto. It is submitted in the counter that the complainant and her parents approached them in the last week of September, 2009 and wanted to take admission in B.D.S. by that time one seat was available and as per the guidelines of the university the admissions should be completed by 30-9-2009 and that the classes were commenced from 1-8-2009 itself and knowing fully well that the complainant and her parents agreed to take admission, process of admissions were completed by 30-9-2009 and the details of the list of candidates who took admission was sent to the university by 30-9-2009, the university was informed about the closure of admission and the original certificates were sent to the university by 21-10-2009. The complainant for the first time sent the application to the opposite party on 22-10-2009 for refund of the amount and for return of the original certificates, by that time the original certificates have been sent to the university and nothing was in the hands of the opposite party, by the date of submitting the application by the mother of complainant on 22-10-2009 already the original certificates sent to the university and the entire process of admissions were completed, as such she is not entitled for refund of the fee said by her and for return of the original certificates. If at all the complainant wants to cancel the admission, she should pay Rs.2,00,000/- per annum for another four years towards fee to the opposite party. If the seat was allotted to some other candidate in the place of complainant, the opposite party would have got the said amount of Rs.8,00,000/-. Hence, the complainant should be directed to make payment of Rs.8,00,000/- then only she is entitled to seek for the return of the original certificates and the refund of the fee already paid. On behalf of the complainant, the following documents were filed and marked as Exs.A.1 to A.6. Ex.A.1 - Original challan for Rs.1,75,100/- deposited by the complainant in the Account of Mamatha Dental College, Khammam, dt.6-10-2009. Ex.A.2 - Original counter foil of Andhra Bank, Mamatha Medical College, E.C. Khammam for Rs.23,565/- paid by Complainant, dt.6-10-2009. Ex.A.3 - Original challan for Rs.5,000/- paid in Andhra Bank, Mamatha Medical college, E.C., Khammam, dt.7-7-2009. Ex.A.4 - Application filed by mother of complainant to opposite party college, dt.22-10-2009. Ex.A.5 - Letter addressed by the opposite party to the complainant, dt.10-11-2009. Ex.A.6 - Letter addressed by the complainant to the opposite party, dt.26-11-2009. On the other hand, on behalf of the opposite party the following documents filed and marked as Exs.B.1 to B.3. Ex.B.1 - Letter addressed to the Registrar, Dr.N.T.R. University of Health Sciences, Vijayawada, dt.5-10-2009, Ex.B.2 - List of original certificates of B.D.S. students admitted in Mamatha Dental College, Khammam. Ex.B.3 - Particulars of university registration fee particulars of BDS candidates admitted under C category in MDC, Khammam for the academic year 2009-10. On behalf of the opposite party written arguments filed. Heard both sides. Perused the oral and documentary evidence. Upon which the points that arose for consideration are, 1. Whether the complainant is entitled for the refund of fee and also return of original certificates? 2. To what relief? Point No.1: The undisputed facts of the case are that the complainant having completed intermediate approached the opposite party college, seeking admission in B.D.S. course. It is also not in dispute that the parents of the complainant paid an amount of Rs.2,03,665/-. Out of the said amount, an amount of Rs.5,000/- was paid on 7-10-2009 towards tuition fee, Rs.1,75,100/- was paid on 6-10-2009 and Rs.23,565/- towards university fee, in total the complainant paid Rs.2,03,565/-. Having paid the said amount, the complainant got admission in B.D.S. Having secured the admission in B.D.S., the complainant has withdrawn her admission and submitted the application for refund of fee and return of original certificates. The only dispute in this case is regarding the refund of fee paid and also return of original certificates submitted by the complainant for getting admission into B.D.S. The learned counsel for opposite party vehemently argued and submitted that as per the guidelines of the university, the admissions should be completed by 30-9-2009, the complainant took admission in B.D.S. in the last week of September, 2009 and the process of admission was completed by 30-9-2009. The complainant took admission in B.D.S. in the last week of September, 2009 and the process of admission was completed by 30-9-2009 and the list was sent to the university with regard to the details of the list of the candidates, who sought admission by 30-9-2009 and the university was informed about the closure of admission and the original certificates were sent to the university and the university was informed about the closure of admission and the original certificates were sent to the university b 21-10-2009. For the reasons best known to the complainant, she did not want to continue her B.D.S. study and wanted to withdraw the admission from B.D.S. course. For the first time, the mother of the complainant sent the application to the opposite party on 22-10-2009 for refund of the amount and return of original certificates. By that time the admissions were closed and the original certificates were sent to the university and nothing was in the hands of the opposite party. On this aspect of the case is concerned, the learned counsel for the opposite party refers to the letter addressed to the university, which is marked as Ex.B.1, which contains the stamp of the university, dt.21-10-2009 in token of receipt of originals sent to the university. Therefore, by the date of submitting the application by the mother of the complainant on 22-10-2009, already certificates were sent to the university and the entire admission process was completed. Therefore her request for refund of fee and return of original certificates was not considered by the opposite party. Having yielded to the influence and pressure, that was brought on the college management, one vacant seat was allotted to the complainant ignoring the other waiting candidates seeking admission into B.D.S. Having secured the admission into B.D.S., the complainant wants to discontinue her studies for the reasons best known to her. On the other hand the learned counsel for complainant filed a memo along with regulations for admissions into M.B.B.S. and B.D.S. course for the academic year 2009-2010. The learned counsel for complainant ought to have observed some restrain while filing the regulations. The contents of the regulations totally speak against the complainant. It appears that the complainant wants to wash her hands in dirty water. Except expressing our lip sympathy we are rather compelled to shut our mouth, in the light of the regulations. Our hands are tied as long as these regulations are in force. The complainant ought to have settled this matter with the Registrar of University. On the other hand the learned counsel for opposite party rightly submitted that the matter has already been placed with the Registrar of NTR University, before an application for refund of fee and return of original certificates, is made to the college by the mother of the complainant. The final list of the candidates has been submitted to the Registrar by 30-9-2009, which is evident from the seal of the university as in Ex.B.1. Ex.B.1 clearly reveals that all certificates are in the custody of registrar. Before a request is made for refund of fee and return of original certificates, the college is seized with the matter. Nothing is in the hands of the college management. Had the said request is made before finalizing the final list and before submitting the certificates to the Registrar, opposite party management could have come to the rescue of complainant by giving admission to other candidate. But for the mistake of complainant, the opposite party cannot be punished to forgo with lakhs of amount payable towards admission fee, but for the mistake of complainant, the opposite party cannot be fastened to sustain the said loss incurred in running the college. As per the regulations 4.13, if a candidate desires to cancel/withdraw their selection after submission of original certificates and payment of fee, the candidate has to withdraw by submitting a written requisition along with the consent of the parent with Registrar, Dr.N.T.R. University of Health Sciences at Vijayawada in the prescribed time as notified by the University. These regulations clearly give us to understand, which is the proper authority for the redressal of grievance and what is prescribed time. As per the regulations it is for the student to approach for refund of fee and return of certificates to the Registrar of N.T.R. university, Vijayawada, within the prescribed time, no such attempt has been made by the complainant. As far as our knowledge goes the prescribed period, though not mentioned in the regulations, but it can be understood that until a final list of the candidates seeking admission into B.D.S. course is submitted to the Registrar. Once a final list is submitted, these regulations are of no use. The same thing has taken place in this case also. An application for refund of fee and return of original certificates is made on 22-10-2009 by the mother of the complainant to the opposite party college management, whereas the final list with certificates have been received by the Registrar on 21-10-2009, as per Ex.B.1, seal of university, final list of candidates seeking admission into B.D.S. along with original certificates have been received by the Registrar on 21-10-2009. Hence, nothing can be done in this case. However, we leave this matter to the mercy of the college management for refund of fee and return of original certificates. With these observations, the complaint is dismissed. In the result, the complaint is dismissed. Dictated to the Jr.steno, transcribed by her, corrected and pronounced by us in the open forum on this 5th day of October, 2010. PRESIDENT MEMBER MEMBER DISTRICT CONSUMERS FORUM, KHAMMAM APPENDIX OF EVIDENCE Witnesses examined for complainant: None Witnesses examined for opposite parties : None Exhibits marked for complainant: Ex.A.1 - Original challan for Rs.1,75,100/- deposited by the complainant in the Account of Mamatha Dental College, Khammam, dt.6-10-2009. Ex.A.2 - Original counter foil of Andhra Bank, Mamatha Medical College, E.C. Khammam for Rs.23,565/- paid by Complainant, dt.6-10-2009. Ex.A.3 - Original challan for Rs.5,000/- paid in Andhra Bank, Mamatha Medical college, E.C., Khammam, dt.7-7-2009. Ex.A.4 - Application filed by mother of complainant to opposite party college, dt.22-10-2009. Ex.A.5 - Letter addressed by the opposite party to the complainant, dt.10-11-2009. Ex.A.6 - Letter addressed by the complainant to the opposite party, dt.26-11-2009. Exhibits marked for opposite party: Ex.B.1 - Letter addressed to the Registrar, Dr.N.T.R. University of Health Sciences, Vijayawada, dt.5-10-2009, Ex.B.2 - List of original certificates of B.D.S. students admitted in Mamatha Dental College, Khammam. Ex.B.3 - Particulars of university registration fee particulars of BDS candidates admitted under C category in MDC, Khammam for the academic year 2009-10. . PRESIDENT MEMBER MEMBER DISTRICT CONSUMERS FORUM, KHAMMAM
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