DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No. 29/2019

Ms. Prachi Gupta

D/o Sh. Parveen Kumar Gupta

R/o A-33, 34, Ram Nagar,

1^st Floor Front Site,

OM Vihar, Uttam Nagar (West),

New Delhi                                                                        ….Complainant

Versus

Delhi Institute of High Education           

Through its Director/Authorized Signatory/ Representative  

34, Ring Road, Lajpat Nagar-IV,

New Delhi-110024

Also branch office at:

Near Oxford Sr. Sec. School,

Opp. Dusshera Ground,

 Vikas Puri, New Delhi- 110018                                ….Opposite Party

                                                Date of Institution        :         17.01.13               Date of Order          :         19.12.19

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

ORDER

Ms. Kiran Kaushal, Member

1. Briefly put, the complainant took admission in the MBA (Industry Integrated Course 2011-2013) in Delhi Institute of Higher Education, hereinafter referred to as OP and paid fee of Rs.1,13,000/- to OP for the same.
   1. The complainant avers that since she was trying for admission in different career esteem of education and was making effort to opt for best available, she got admission in a better Institute than the OP’s Institute. The complainant within the stipulated period informed the OP that she wanted to withdraw from OP’s Institute, hence requested for refund of her fee. Despite making several requests to OP regarding the refund of her fee, the OP did not pay any heed to the complainant’s grievance. Therefore the present complaint with  prayer to refund the amount of Rs.1,13,000/- towards the fee deposited by the complainant @ 24% p.a. and Rs.50,000/- towards compensation for mental and physical harassment along with the cost of litigation.
2. OP chose to contest the case and filed its written statement stating inter-alia that the complainant did not attend any class in the OP’s Institute. The complainant never approached OP for refund of fee and the original documents before 23.08.2011 i.e. week’s after commencement of the training program. It is next submitted that the orientation of the said program was held on 03.08.2011 and the classes commenced from 04.08.2011. It is further submitted that the complainant deliberately missed the classes after repeated reminders to join the classes. It is next submitted that the complainant approached for refund of the fee after commencement of the classes of course and because of which her seat was not allotted to any other candidate thereby causing huge financial loss to the OP.

2.1    It is further submitted that the complainant approached OP for the first time after admission on 23.08.2011 and forwarded an application for withdrawal from the program and refund of fee deposit. OP immediately acted upon the application and returned all original documents to the complainant. OP was also ready to refund the security deposit of Rs.5,000/- as per AICTE norms which was refused to be accepted by the complainant. It is therefore prayed by the OP that since the complainant has miserably failed to disclose any deficiency rendered by the OP the complaint be dismissed.

3. Rejoinder is filed on behalf of the complainant reiterating the facts of the complaint. Evidence by way of affidavit is filed by the complainant.  On the other hand, evidence of Prof (Maj. Gen.) M.P. Singh, Director of OP has been filed.
4. Written arguments have been filed on behalf of the parties.
5. Submissions made by parties are heard and material placed on record is perused carefully.
6. It is complainant’s case that after taking admission in OP’s Institute and paying the requisite fee, the complainant did not attend even a single class in the OP’s Institute. The complainant had timely informed the OP regarding her withdrawal from the Institute and is entitled to receive back the whole amount of the fees from OP. The complainant alongwith other documents has filed the fee receipt  of Rs.1,13,000/- dated 07.07.11 and an application for refund of fee and returning of original documents dated 23.08.2011 which we mark as Mark A and Mark B for the sake of identification.
7. Per contra the OP submits that the course for which the complainant was admitted commenced from 03.08.2011 and it was only on 23.08.2011 that OP received an application from the complainant for withdrawal of admission. As the complainant approached the OP for refund of fee after the commencement of the classes her seat remained vacant for entire year, the seat could not be allotted to any candidate. OP in support of his case has filed Refund Policy as per AICTE Guidelines ( April 2007) annexed as Annexure-A wherein it is mentioned that

“On request received before and after the start of academic session and seat could not fill by the Institute no refund (except security deposit)”.

8. The main issue to be decided in the present case is whether the complainant is entitled for refund and whether the seat remained vacant for the whole year. OP has filed an affidavit of Arpna Chaturvedi, admission In-charge on 14.07.2017 declaring that the seat vacated by the complainant remained vacant for the entire duration of the 2 year programme. This Affidavit was not part of pleadings. OP has filed this self serving affidavit by an unauthorized person after four and half years of the filing of the complaint. OP has chosen to withhold his best evidence i.e. the report submitted to AICTE about the number of seats having remained vacant for the academic session 2011-12. The affidavit filed by the OP is not substantive evidence in the eyes of law and is therefore rejected.
9. In view of the discussion held above, this Forum is of the opinion that the complainant had not attended a single class therefore she is entitled to receive the refund of fees deposited by her. However, OP must have incurred some expenses towards administration which we quantify roughly at Rs.25,000/-.
10. Therefore, OP is directed to refund the rest of the fees after deducting Rs.25,000/- towards administrative charges to the complainant with interest @ 6% p.a. from the date of filing of the complaint till realization within a period of two months from  the date of receipt of copy of this order.
11. Failing which OP shall pay the above said amount with interest @ 9% p.a. from the date of filing of the complaint till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.  

Announced on 19.12.2019