Date of Filing:16.12.2008<br /> Date of Order:10.02.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 10TH DAY OF FEBRUARY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 2722 OF 2008<br /> <br /> M.V. Nagaraju<br /> F/o. Kalyan V. Makam<br /> 12/9-1, 4th Cross, Mount Joy Extn.,<br /> Hanumanthanagar, Bangalore 560 019 Complainant<br /> <br /> V/S<br /> <br /> 1. The President<br /> Sri Shamanur Shivashankarappa<br /> COMED K<br /> # 37, 1st Floor, Ramanashree Chambers<br /> Lady Curzon Road, Bangalore 560 001<br /> <br /> 2. The Chairman & Secretary<br /> Dr. M.R. Jayaram<br /> COMED K, Lady Curzon Road<br /> Bangalore 560 001 Opposite Parties<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant. <br /> The facts of the case are that the son of the complainant has been admitted to K.S. Institute of Technology on 23.08.2008. Complainant has paid Rs. 50,000/- to COMED K. Later on in second round of CET Counseling held on 05.09.2008 son of complainant obtained seat. The complainant cancelled seat in K.S. Institute of Technology and they informed complainant to collect Rs. 50,000/- from COMED K Office. Later complainant approached COMEDK Office for refund of Rs. 50,000/- and received only Rs. 40,000/- by way of cheque. It is injustice to charge Rs. 10,000/- as cancellation charge. Therefore, the complainant filed the complaint for giving direction to the opposite party to repay Rs. 10,000/-.<br /> 2. Notice issued to opposite parties by registered post. Notice served. Inspite of service of notice opposite parties not appeared. Even defence version also not sent by post. Therefore, opposite parties have placed ex-parte. <br /> 3. The complainant filed his affidavit. <br /> 4. Arguments are heard. Perused the documents.<br /> 5. The complainant has produced seat allotment letter of opposite parties Sl. No. 20442. By this letter it is clear that the opposite parties have admitted the fact that complainant has remitted Rs. 50,000/- towards annual tuition fee. The complainant has stated in his complaint that his son got admission through CET. Therefore, he cancelled seat allotted by the COMEDK and same was informed to the opposite parties. The complainant submitted that COMEDK refunded Rs. 40,000/- to him out of Rs. 50,000/-. It is the case of the complainant that deducting Rs. 10,000/- as cancellation charge is unjustified and it is injustice to him. However, complainant submitted that a reasonable amount can be deducted for cancellation of seat. The case made out by the complainant gone unchallenged. The opposite parties have not appeared and contested the matter. As per the UGC circular / public notice the institution or COMEDK cannot refuse to refund the amount when the seat is cancelled by a student after getting allotment of seat through CET Counseling. However, the COMEDK can deduct Rs. 1,000/- towards cancellation of seat and remaining amount will have to be refunded to the student. In this case the cancellation charge collected by the opposite parties is unjustified and it works out to be injustice. Deduction / withholding of Rs. 10,000/- is against UGC circular / public notice. Therefore, the COMEDK at the most can withhold or collect Rs. 1,000/- as cancellation charges. The opposite parties are bound to refund Rs. 9,000/- to the complainant. Consumer Protection Act is a social and benevolent legislation. It is intended to protect better interests of the consumers. Opposite party is a big institution. It has to do justice to the student. Therefore, it is just, fair and reasonable to direct opposite parties to refund Rs. 9,000/- to the complainant. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 6. The Complaint is allowed. The opposite parties are directed to refund Rs. 9,000/- to the complainant within 30 days from the date of this order. In the event of non-compliance of order within 30 days the amount carries 10% interest p.a. from the date of this order till payment / realisation. Parties to bear their own cost.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 10TH DAY OF FEBRUARY 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />