By. Sri. Chandran Alachery, Member:

The complaint is filed Under section 12 of the Consumer Protection Act for an order directing the opposite parties to repay the 1^st semester Fee of Rs.13,535/- remitted by the complainant with opposite parties with 15% of interest and to pay Rs.4,000/- as cost and Rs.2,000/- as compensation.

2. Brief of the complaint:- The complainant's daughter got admission for Bsc Computer Science course at the college run by the opposite parties at Meenangadi on 18.06.2012. The application voucher number is 06974. On the very same day the complainant remitted the 1^st Semester Fee of Rs.13,535/- with the opposite party. The complainant's daughter got admission thereafter in M. Dasan Engineering college. So on 23.07.2012, the complainant and his daughter approached the opposite party for getting TC and Fees already remitted. But the opposite party did not pay back the Fees remitted by the complainant by saying that the admission is already closed and the particular seat will be vacant till the end of the course. The opposite parties did not pay back the Fees even if repeated demands are made. Thereafter the complainant got information that the particular seat is filled by the opposite parties. Aggrieved by this, the complainant preferred this complaint for redressal.

3. On receipt of this complaint, Notices were issued to the opposite parties and the opposite parties appeared before the Forum and filed version. Opposite parties No.1 and 2 filed written version and opposite party No.3 submitted that opposite party No.3 have no separate version. In the version of opposite party No.1, opposite party No.1 stated that the institution is run by IHRD and he can pay back the Fees only if there is a direction from IHRD Director. As per the Prospectus, the Principal of the Institute have no right to pay back the tuition Fees. The Fees collected from the complainant is based on prospectus. The complainant's daughter attended the class from 30.06.2012 to 22.07.2012. The last date of admission in the course is on 27.07.2012. The complainant demanded back the Fees on 23.07.2012. So opposite party could not fill up the vacant seat at this last stage.

4. Opposite party No.2 filed version and contented that he collected Fees from the complainant's daughter as a Principal of the institution and not individually. So he had no obligation to give back the Fees individually. So opposite party No.2 states that opposite party No.2 is an unnecessary party in the proceeding.

5. On going through the complaint, version and affidavit and documents, the Forum raised the following points for consideration:-

1. Whether there is deficiency of service from the part of opposite parties?

2. Relief and Cost.

6. Point No.1:- In addition to complaint, the complainant filed proof affidavit and produced documents. The complainant is examined as PW1 and documents are marked as Ext.A1 to Ext.A4. Opposite parties also filed proof affidavit and OPW1 to OPW3 are examined and Exts.B1 to B22 are marked. Ext.A1 is the photocopy of Receipt for the payment of Fees of Rs.13,535/-. Ext.A2 is the authorization letter, Ext.A3 is the paper cutting produced by the complainant. Ext.A4 is the Reply on an application filed under Right to Information Act. Ext.B1 is the Copy of direction with regard to the Fees issued by Higher Education Department. Ext.B2 is the Prospectus and Ext.B3 is the attested copy of Application of Aparna. P. (Complainant's daughter), Ext.B4 is the copy of Minutes, Ext.B5 is the list of students in Bsc computer Science Course, Ext.B6 is the Transfer Request Letter. Ext.B7 to B22 are the applications of other students in the course for the same period. Here on verifying the complaint, version and documents produced by both parties the Forum found that the demand for the Refund of Fee is made on 23.07.2012. The last date of closing of admission in the course is fixed as 27.07.2012. So the complainant demanded back the Fees before the expiry of the last date of admission to the course. Here the class started from 30.06.2012 and the complainant's daughter attended the 1^st Semester class till 22.07.2012.

7. In the cross examination of the Principal, IHRD college, the witness stated that the complainant demanded back the Fees before the expiry of last date of admission and the total seats for Bsc Computer Science is 24. Now all seats are filled. One student from Bsc Electronics class is transferred to fill the vacancy in Bsc Computer Science and the required Fees for Bsc Computer Science class is received from all students. In the cross-examination of the Principal Mr. Thomas, the witness stated that institution received Fees from all students who were admitted in computer science course. Admission closed as per 1^st Schedule is on 27.07.2012. There is chance to extent the last date of Admission. From these circumstances, it is found that the opposite parties can very well extent the date of Admission if seats one not filled up. Since the complainant demanded back the Fees before the expiry of the last date of admission, the opposite party can very well admit any candidate before 27.07.2012. In a ruling reported in CPR April 2014 by Honorable State Commission Uttarakhand ruled that the application for refund of Fee shall be given before the expiry of last date of admission and the complainant should prove that the seat so vacated is filled up. Here in this case, the complainant cross-examined opposite party No.1 and 2 and they stated in cross-examination that the total seats are 24 in number and that is filled up and Fees received from all students. In this case, by analyzing the evidences the Forum found that the opposite parties got sufficient time to re-schedule and extent the last date of admission if seats are not filled up. So the Forum is of the opinion that the complainant is entitled to get the refund of Fee after reasonable deduction since the complainant's daughter relieved before the last date of admission. The Forum found that there is deficiency of service from the part of opposite parties by not refunding the Fees remitted by the complainant. Point No.1 is found accordingly.

8. Point No.2:- Since the Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.

In the result, the complaint is partly allowed and the opposite party No.3 is directed to refund Rs.10,000/- (Rupees Ten Thousand only) to the complainant and to pay Rs.1,000/- (Rupees One Thousand only) as cost and Rs.1,000/- (Rupees One Thousand only) as compensation. The opposite party No.3 is directed to comply the Order within 30 days from the date of receipt of this Order failing which the complainant is entitled to get 12% interest for the whole amount.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30^th day of August 2014.

Date of Filing:01.09.2012.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

PW1. Pushpavally. Complainant.

Witness for the Opposite Parties:

OPW1. Joy. V. Paul. Principal, IHRD.

OPW2. Thomas. Retired Life.

OPW3. Nithin. Student.

Exhibits for the complainant:

A1. Copy of Fee Receipt. Dt:18.06.2012.

A2. Authorization Letter. Dt:03.11.2012.

A3. Paper Cutting. Dt:28.11.2012.

A4. Reply to Right to Information(3 sheets). Dt:26.03.2013.

Exhibits for the opposite Parties.

B1. Copy of Government Order. Dt:03.07.2012.

B2. Prospectus.

B3. Copy of Application. Dt:04.06.2012.

B4. Copy of Minutes. Dt:30.06.2012.

B5. Copy of list.

B6. Transfer Request Letter. Dt:27.07.2012.

B7. Application of Fairoosa. P. dt:31.05.2012.

B8. Application of Anju. K. J. dt:02.06.2012.

B9. Application of Litha. M. M. dt:04.06.2012.

B10. Application of Bineetha Thomas. Dt:29.05.2012.

B11. Application of Sreethisha. V.S. Dt:04.06.2012.

B12. Application of Jithumon. C.S. Dt:04.06.2012.

B13. Application of Abdul Rauf. V. M. Dt:26.06.2012.

B14. Application of Jinumon. K.S. Dt:01.06.2012.

B15. Application of Hareesh. M. H. Dt:01.06.2012.

B16. Application of Vishnu. N. B. Dt:31.05.2012.

B17. Application of Chrityn Thomas. Dt:28.05.2012.

B18. Application of Kavya Babu. Dt:27.05.2012.

B19. Application of Shamna. E. K. Dt:28.05.2012.

B20. Application of Aparna. V. P. Dt:26.05.2012.

B21. Application of Asiwarya. J. Dt:02.06.2012.

B22. Application of Ravan Radhakrishnan. C. Dt:28.05.2012.

Sd/-

PRESIDENT, CDRF, WAYANAD.