BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 11 of 2022
Date of Institution: 03.01.2022
Date of Decision : 06.04.2022
Sachin aged about 18 years son of Rakesh Kumar, resident of Aggarwal Colony Barnala Road, Sirsa, Tehsil and District Sirsa.
……Complainant.
Versus
The Manager/ authorized person, Om Sterling Global University, NH-52, Hisar Chandigarh Road, Hisar, Mobile No. 86078-99999 and 82550-99999.
...…Opposite party.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH.PADAM SINGH THAKUR ……………PRESIDENT
MRS. SUKHDEEP KAUR…………………MEMBER
Present: Sh. Dheeraj Jain, Advocate for complainant.
Opposite party already exparte.
ORDER
In brief, the case of complainant is that complainant wanted to take admission in B.SC Agriculture Course, therefore, he alongwith his father approached to the opposite party and after going through the notification of op, the complainant and his father deposited an amount of Rs.10,000/- on 27.8.2021 through online process and an online receipt of the amount of Rs.10,000/- dated 31.8.2018 under the signatures of authorized signatory of op was issued by op. The complainant later on took admission in Guru Kashi University Talwandi Sabo in the same course and fee was deposited with that University. On 29.09.2021, father of complainant approached to the op for refund of the amount of Rs.10,000/- through telephonically as well as through email upon which complainant was asked to appear to the op for refund of the fee. Thereafter, in the first week of October, 2021, father of complainant approached to op and met with authorized/ dealing person Mr. Nitin Thakur who on behalf of op gave an assurance to the father of complainant that fee amount will be refunded in his bank account after some time, but up neither paid any amount nor gave any reply to the complainant as well as to his father.
2. It is further averred that on 22.10.2021, father of complainant again visited to the op and provided all the bank details and other information which were demanded by said Nitin Thakur/ op and it was assured by op that now the complainant’s account will be credited with fee amount within short period but op has not refunded the fee amount despite their several requests. The act and conduct of the op clearly amounts to deficiency in service as well as unfair trade practice towards complainant due to which he has suffered harassment and mental tension. The complainant approached the op and requested them to admit his claim but op did not pay any heed to the same. Hence, this complaint.
3. Notice issued to the OP through registered cover did not receive back and as stipulated period of 30 days elapsed and none appeared on behalf of op, therefore, op was proceeded against exparte.
4. Complainant has tendered his affidavit Ex.P1, affidavit of his father Rakesh Kumar Ex.P2, legal notice Ex.P3, copy of receipt of amount of Rs.10,000/- Ex.P4, copy of email dated 29.9.2021 Ex.P5, notification Ex.P6 and notification of Government of India Ex.P7.
5. We have heard learned counsel for complainant and have gone through the case file carefully.
6. The complainant in order to prove his complaint has furnished his affidavit Ex.P1 in which he has reiterated all the contents of his complaint. The father of complainant namely Rakesh Kumar in his affidavit Ex.P2 has duly corroborated the version of complainant. The complainant has also placed on file copy of receipt of the amount of Rs.10,000/- Ex.P4 which reveals that on 27/8.2021/31.8.2021 an amount of Rs.10,000/- was deposited by complainant with opposite party for getting admission in B.SC Agriculture. According to complainant, thereafter as he took admission in the same Course in Guru Kashi University Talwandi Sabo, therefore, they requested the op to refund the amount of Rs.10,000/- deposited with it. The complainant has also placed on file copy of email in this regard dated 29.9.2021 Ex.P4 sent to op for refund of the fee. According to complainant, op gave an assurance to the father of complainant that amount of fee will be refunded to them but till today op has not refunded the amount of Rs.10,000/- to them. The complainant has also placed on record copy of legal notice Ex.P3 which shows that a legal notice has also been sent to op on 24.11.2021 for refund of the fee amount but despite that neither the op has given any reply to the said legal notice nor refunded the amount to the complainant. Even op has failed to appear before this Commission despite notice and opted to be proceeded against exparte. Therefore, the pleadings and evidence led by complainant goes as unchallenged and unrebutted. Non refund of the fee amount to the complainant by the op despite assurance given to the complainant by op clearly amounts to deficiency in service, unfair trade practice towards the complainant and is also violation of notifications of University and Government of India, copies of which have been placed on record as Ex.P6 and Ex.P7. The complainant is entitled to refund of the fee amount of Rs.10,000/- and also to the compensation for harassment including litigation expenses.
7. In view of our above discussion, we allow the present complaint and direct the opposite party to make refund of the amount of Rs.10,000/- to the complainant alongwith interest @7% per annum from 29.09.2021 (the date on which request for refund was made by complainant) till actual realization. We also direct the op to pay a sum of Rs.5000/- as compensation for harassment and Rs.2000/- as litigation expenses to the complainant. The op is liable to comply with this order within a period of 45 days from the date of receipt of copy of this order. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member President
Dt. 06.04.2022. District Consumer Disputes
Redressal Commission, Sirsa.
