DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.483/11
Mr. Mohit Upadhyay
S/o Mr. S.C. Upadhyay
R/o B-3650, Gali No. 100,
Sant Nagar, Burari, Delhi-110084
….Complainant
Versus
The President
The Indian School of Business & Economy (ISBS)
IIPM International Campus,
Satbari, Chandan Haula
Chattarpur Bhatimines Road
New Delhi-110074 …. Opposite party
Date of Institution : 13.12.11 Date of Order : 05.12.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
In short, the case of the Complainant is that he had cleared the entrance examination for the admission of three year program of planning and entrepreneurship for the academic year 2011-14 of the OP and he OP handed over payment details to him to deposit the fees. He deposited Rs.79740/-by way of cheque which was confirmed by the OP by vide letter dated 25.06.2011, he further deposited Rs.10560/-by way of cash on 04.06.2011 and Rs.20,000/- on 14.06.2011 by way of cheque, and thus he had deposited the total sum of Rs.110300/-with the OP towards the course fees. The course was scheduled to commence in July 2011. He had also applied to the various institutions and he had qualified for admission for the same program in Shiska Peeth wherein the program fees was comparatively less and faculty of the program of a better standard and qualified in comparison to the OP. As the OP could not start the course in the month of July 2011, he requested the OP to refund the fees deposited after necessary deduction, in August/September 2011. The OP assured him to refund the fees and dispatch the fee refund cheque at the address of the complainant within 15 days but the OP did not refund the fees. He sent a legal notice on 24.10.2011 but no reply has been received from OP. Hence there is deficiency in service on the part of OP. The Complainant has prayed as follows:-
- Direct the OP to refund the fees of Rs.1,10,300/- along with interest 18% P.A,
- Direct the OP to pay a sum of Rs.10,000/- towards physical strain and mental agony suffered by the complainant,
- Direct the OP to pay sum of Rs.15,000/- towards cost of this petition and legal expenses.
OP in the written statement has stated that the complainant had applied with the OP in May, 2011 for admission in the three years full time undergraduate program in planning and Entrepreneurship session 2011-2014. He appeared in the examination and selected for admission in the aforesaid course vide letter dated 19.05.2011. The complainant was asked to deposit first installment fee (non refundable) of Rs.112500/-toward his admission to the said course; accordingly complainant deposited and amount of Rs.110300/- with the OP toward first installment for the course. It is submitted that the session of 2011- 2014 for the said course was to be started on its schedule time on 25.05.2011; however the complainant after taking admission in the said course did not attend the classes without any reason. They were surprised to receive a letter dated 12.09.2011 from the complainant stating that due to some unavoidable family circumstances, he was unable to join the course and, therefore, he requested for cancellation of his admission and refund of amount at that belated stage. It is submitted that the amount deposited by the complainant was non –refundable and the said fact was made clear at the time of admission, and the complainant had agreed and only thereafter he was granted admission and the amount of fees was accepted by the OP. Hence the complainant is not entitled for any refund from the OP
Complainant has filed a rejoinder.
Complainant has filed his own affidavit in evidence.
No affidavit in evidence has been filed on behalf of the OP.
Written arguments have been filed on behalf of the Complainant.
We have heard the counsel for Complainant and have also gone through the file very carefully.
Admittedly, the Complainant had applied for admission with the OP institute for three years Under Graduate Programme in Planning & Entrepreneurship for the session 2011 – 2014 and paid Rs.110300/-to the OP. Copy of the prospectus has not been filed from either side. However, the copies of the receipts issued by the OP to the Complainant have been filed on the record wherein retention fee for three years Under Graduate Programme in Planning & Entrepreneurship for the session 2011-2014 has been shown as Rs. 35000/- (Ex.CW1/A). Therefore, if for any reasons whatsoever, the Complainant did not or could not pursue the said programme the OP was just entitled to forfeit the retention fee of Rs.35000/- from the amount already paid by the Complainant to the OP. Therefore, not refunding the remaining amount by the OP to the Complainant amounted to deficiency in service. Therefore, the OP was deficient in service and also adopted unfair trade practice while not refunding the amount of Rs.75300/- (Rs.110,300 minus Rs.35000/-) to the Complainant. Accordingly we hold the OP guilty of deficiency in service
We allow the complaint to the above extent and direct the OP to pay Rs.75300/- towards fee alongwith interest @ 6% per annum from the date of filing of the complaint till realization and Rs.7500/- towards compensation for mental pain, agony and legal expenses to the Complainant within a period of 30 days from the date of receipt of copy of this order failing which OP shall become liable to pay interest @ Rs.7% per annum on the amount of Rs. 75300/- 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 05.12.16.
