The case has been fixed for necessary order on the admissibility of the complaint. We have heard the learned the learned counsel of the complainant on 28.2.2023 on the admissibility of the complaint under section 34 & 35 of the Consumer Protection Act, 2019.
It is stated in the complaint petition that complainant no. 1 decided to pursue air craft maintenance Engineering and B.Sc. Aviation Course and accordingly she contacted the opp.party . On telephonic talk with the complainant the opp.party institute directed to deposit Rs.20,000/- for confirmation of a seat for admission . Accordingly , on 27.6.2022 an amount of Rs. 20,000/- was paid digitally to the op.party .
The complainant stated that on 27.6.2022 the op.party certified that the complainant is a student of the institute and she has taken admission for three years B.Sc. in Aviation course which was duly approved by Director General of Civil Aviation Govt. of India
It is submitted by the complainant the date fixed for commencement of a classes on 1.8.2022. The complainant on 29.7.2022 reached Pune from Guwahati and the opp.parties directed the complainant to make full payment of first semester . The complainant paid the amount . The opp.parties although received the amount , but the complainant no. 1 was not allowed to stay in hostel, rather , she was informed that the stay in the hostel will be allowed from 8.8.2022.
It is further submitted the date of commencement of course is mentioned on 8.8.2022. Under such circumstance the complainant no. 1 decided to cancel her admission . The complainant no. 1 sent representation to the opp.parties informing that due to personal conflict, she would like to withdraw her admission. , but the complainant no. 1 got no response . She further stated that since she paid the tuition fee on 29th July 2022 and initiated the cancellation of admission on 3.8.2022 she prayed to direct the opp.parties to refund the amount of 50% of tution fees.
The complainant no. 1 also claimed for refund of Rs.20,000/- which she paid for books and uniform and same was not provided to her.
The complainant further stated that on 27.8.2022 the opp.parties informed the complainant that the admission fee of complainant no. 1 was paid on 27.6.2022 and an amount of Rs.1,25,000/- for tuition fee and Rs.20,000/- for books and uniform was paid on 29.7.2022 by the complainant and the request for withdrawal of application was made on 3.8.2022. The opp.parties informed that they decided to refund of 50% of tuition fee to the extent of Rs.62,500/-. Complainant also submits that as per the refund policy of the opp.party 50% of the tuition fee will be refunded if admission is cancelled within 10 days from the date of admission. If a student chooses to withdraw from the program of study in which he is enrolled the college/institution concerned shall follow five tier system for refund of fees remitted by the students. 100% of refund of fees if notice of withdrawal of admission is received by the institute within 10days from the date of admission taken by the student concerned . 90% after 10 days and before 15 days from the date of admission taken by student concerned . 80% after 15days and before 20days from the date of admission , 50% after 20 days and before 30 days from the date of admission and 00% after 30 days from the date of admission taken by the student. They have violated their own conditions.
The complainant submits that an one A/C payee Cheque of ICICI Bank amounting to Rs. 62,500/- was issued in the name of the complainant no. 1 which was encashed by her.
It is found from the annexed document No. 5 with the complaint petition wherein document (declaration ) was signed by the complainant no. 1 & 2 . In para 7 it is mentioned that “ All disputes of Indira Institute of Aircraft Engineering will be under the jurisdiction of the civil court of Pune.
It is also found from the document No. 12, a letter which was addressed to the complainant no. 1 by the opp.parties wherein the opp.party have mentioned that on the reason of humanitarian ground they have decided to refund the 50% of the tuition fee i.e. Rs. 62,500/- and accordingly a cheque is attached with the letter .
We have also perused document no. 15 a cheque of Rs.62,500/- in the name of the complainant no. 1. It is also found from the document no. 13 wherein the conditions of refund is mentioned .
After the discussion made herein above, we are of the view that as the opp. parties have refunded the amount of 50% of the tuition fee and the complainant encashed the cheque amounting Rs.62,500/- , issued by the opp.parties .
We have further gone through the receipt No. 4141 issued by opp.parties on 29.7.2022 which is claimed to be the payment for books and uniforms. But our observation in the matter is that the said receipt for Rs.20,000/- was mentioned as non-refundable. Hence , there is no question arises for refund the amount of Rs.20,000/- by the opp.parties .
Accordingly, it is decided that the complainant failed to show that the oop.parties have committed any deficiency in service towards the complainant. Accordingly, the complaint is devoid of merit and the complaint is not admitted and is dismissed .
