By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to refund the admission fees and tuition fees on cancellation of reserved seat.
2. Brief of the complaint:- The complainant approached the opposite party No.1 for admission to BHM course on 19.06.2013 and paid Rs.600/- for application form and remitted Rs.40,000/- as tuition fees and the opposite party No.1 has issued the receipt also. But on getting an information that he got admission in CUSAT for BTech on merit Quota the complainant and his father approached the opposite party No.1 and requested to cancel his admission. Then on the advice of opposite party No.1 the complainant given an application to cancel his admission and to refund the tuition fees on 06.07.2013 and opposite party No.1 accepted the application and said that after perusal of the application the reply will be intimated to the complainant. But after waiting somany days the complainant enquired to the opposite party No.1 through telephone somany times but no reply for somany days and thereafter on 14.09.2014 a reply received from the opposite party No.1 stating that the amount could not be refunded and also intimated that the opposite parties has caused much loss due to the cancellation of the seat. Complainant further says that, even before closing the admission not refunding of the tuition fees on cancellation of the seat is a deficiency of service and unfair trade practice and further says that the opposite parties has got sufficient time to admit anybody in the said seat. Thereafter complainant send a registered lawyer notice to the opposite parties and the opposite parties replied stating untenable contention and false statement on 13.02.2014.
3. Complainant further says that the above said act of the opposite party is clear case of deficiency of service and unfair trade practice and stated that the complainant caused much financial loss and difficulty, sufferings and mental agony also. Hence prayed before the Forum to direct the opposite parties to refund the tuition fees and to pay cost and compensation.
4. Notices were served to opposite parties and they filed version stating that except those that are expressly admitted hereunder the opposite parties denied all the allegations and claims contained in the complaint. The above complaint is not maintainable either under law or on the true facts and circumstances of the matter. The complainant is not entitled to claim or to get any of the reliefs seen prayed for in the complaint and the same is liable to be dismissed in limine. There is no negligence, deficiency in service or unfair trade practice on the part of the opposite party. The allegations in the complaint relates to willful acts, immorality, cheating etc which as well will not constitute a consumer dispute amenable to adjudication by this Honorable Forum. Even going by the allegations in the complaint, the same is not maintainable against these opposite parties. It is true that the complainant has joined in the college run by second opposite party as "Oriental School of Hotel Management" at Lakkidi in management quota and paid tuition fees and other fees amounting to Rs.40,000/- on the day of application itself. It is denied that the above said amount was paid as deposit as stated in the complaint and same is stated in the complaint with some ulterior motives. The complainant is bound by the rules and regulation set out in the prospectus and norms of Calicut University in which the above said College is affiliated. Moreover the complainant has declared in the application form that he under stood the rules and regulations of the University regarding the admission process. It is true that the complainant had given a request on 08.07.2013 to return the amount of fees paid by him. But there was no request to cancel admission as stated in the complaint. The complainant has not approached the University for the same. The College had given reply to the request by stating the true facts of the case on 14.08.2013 and facts regarding the same were willfully suppressed by the complainant in the complaint. It is not correct to say that the BHM 1st year Classes started on 10.08.2013 as stated in the complaint. There were vacant seats in the course after completion of the admission process by the Calicut University in the academic year 2013-2014. It is already denied by the opposite parties that there was no request to cancel admission as stated in the complaint. Even if any such request is made there were no rules or regulation by the Calicut University empowering the Opposite Parties to cancel an admission after the completion of the admission process.
5. It is admitted that these Opposite Parties accepted the notice sent by the Complainant on 09.01.2014 and sent reply with true facts of the case. The complainant is not entitled to get fees paid by him at the time of admission as claimed in the lawyer notice or complaint. After getting duly filled application of the complainant the Opposite Parties complied entire formalities necessary for the admission as per the rules and regulations of the University. After completing the admission process the list of students admitted in management quota were informed to the Calicut University before the dosing date of merit seats by the university. Only thereafter the complainant approached the college with the request of returning fees paid by him. Since the complainant failed to join the course deliberately and without any lawful reasons Opposite Parties could not admit another student instead of complainant in the management quota and as a result of the same huge loss was sustained to the Opposite Parties. Thus it is already informed by the Opposite parties regarding the forfeiture of amount paid by the complainant towards the loss sustained to Opposite Parties. As above complainant discontinued the course after completion of admission process opposite parties could not admit another student and thus opposite parties lost three years tuition fee and other fees which have to be compensated by the complainant. Out of total 120 seats allotted by the Calicut University in BHM course, the College could admit only 104 students in the academic year 2013-2014 excluding total 6 seats in the reservation to SC/ST students which are also vacant. The Opposite Parties has not violated any rules and regulations in this regard. Thus the complainant is not entitled to get back the amount of fees paid by him and other reliefs prayed in the complaint. The complaint is experimental in nature. In the above circumstances the Honorable Forum may be pleased to give a direction to the complainant to pay total Rs.2,60,000/- as the tuition fees payable by him to the college and prayed to dismiss the complaint.
6. The complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A5 documents were marked. Ext.A1 is the Receipt issued by the opposite party for Rs.600/- for application form. Ext.A2 is the Receipt for Rs.40,000/- as Tuition fees (part payment) dated 19.06.2013. Ext.A5 is the copy of Reply notice to the complainant's counsel and the opposite party has also filed proof affidavit and stated as stated in the version and he is examined as OPW1 and Ext.B1 to B5 documents were marked. Ext.B1 is the application form of complaint in the opposite parties school, wherein the declaration column it is declared that “I also understand that my admission is subject to rules and regulations of the university of Calicut”. Ext.B2 is the Copy Application by the complainant to the opposite party to cancel the admission and to refund the amount already deposited. Ext.B3 is the Rejection letter given by the opposite party to the complainant stating that the cancellation request is highly belated one and the college could not admit another student instead of the complainant and as a result the opposite party sustained huge loss and hence the amount cannot refunded. Ext.B4 is the postal receipt for Ext.B3. Ext.B5 is the admission notification for the year 2013-14 of the University of Calicut, wherein the last date of admission is shown as 22.06.2013 5 pm. Ext.X1 is the Extract of admission register of Oriental School of Hotel Management for the Course BHM 2013-2017, wherein 104 students list is included including the complaint as SL No.21. Ext.X2 is the Attendance Register for the period of 02.08.2013 to 31.03.2014. Wherein the complainant's column 0% is the attendance shown.
7. On considering the complaint, version, documents and evidences the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the side of opposite parties?
2. Relief and cost.
8. Point No.1:- On perusal of Ext.B5 it is proved that the admission to the said course is closed by University on 22.06.2013. The complainant applied for cancellation on 08.07.2013. As per Ext.B2 it is seen that the cancellation application was filed after 16 days of closing of admission, since the admission is closed by the university, the opposite parties cannot admit any one to the vacant seat. So automatically the seat will remain vacant for the whole course period and the opposite party will lose the remaining tuition fees for the whole period.
9. The National Commission observed in a case reported in 2014 June CPR Part 6 that before closing of admission to any course if the reserved/booked seat is canceled means they are eligible for refund of the fees collected for the course. After closing the admission if anyone canceled seat they are not entitled to get refund of the fees and the school authorities are not liable to refund the collected fees.
10. In a verdict by the Honorable NCDRC Fiit Jee Ltd V/s S. Balavignesh in RP No.2684/2014 on 09.11.2015 it is observed that “As regards the term stipulating that the student withdrawing from the coaching class midway will not be entitled to seek any refund of the fee deposited by him being an unfair trade practice, we are of the view that it is a case where the seat vacated on account of withdrawal by a student during the currency of the course remain vacant and no other student is admitted against the vacant seat, the refusal of the coaching institute to refund the fee cannot be said to be unfair trade practice, though, such a term may constitute an unfair trade practice in a case where the coaching institute admits a student in place of the student who withdraws midway from the coaching course and thereby suffer no financial loss”.
11. For the reasons stated herein above, we hold that non refund of the tuition fees on cancellation of a seat after closing the admission will not amount to any deficiency of service or unfair trade practice. Hence the Point No.1 is found accordingly.
12. Point No.2:- Since the Point No.1 is found against the complainant, he is not entitled for refund of the fees or to get compensation and opposite parties are not liable for the same. The Point No.2 is found accordingly.
In the result, the complaint is dismissed. No Order as to costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28th day of December 2015.
Date of Filing:09.01.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Arunkumar. A. L. Complainant.
Witness for the Opposite Parties:-
OPW1. K. C. Robins. Principal and Director, Oriental School of Hotel
Management, Lakkidi.
Exhibits for the complainant:
A1. Receipt. Dt:19.06.2013.
A2. Receipt. Dt:19.06.2013.
A3(1). Lawyer Notice. Dt:09.01.2014.
A3(2). Postal Receipt.
A4(1). Lawyer Notice. Dt:09.01.2014.
A4(2). Postal Receipt.
A4(3). Acknowledgment Card.
A4(4). Acknowledgment Card.
A5. Reply to Lawyer Notice. Dt:13.02.2014.
X1. Extract of Admission Register.
X2. Copy of Attendance Register for the period of 02.08.2013 to 31.03.2014.
Exhibits for the opposite parties:-
B1. Application Form.
B2. Copy of Application. Dt:08.07.2013.
B3. Copy of Rejection Letter. Dt:14.08.2013.
B4. Copy of Postal Receipt.
B5. Admission Notification.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
