Complainant Malkiat Singh through the present complaint filed U/s 12 of the Consumer Protection Act, 1986 (hereinafter called an Act) has prayed for issuance of the necessary instructions to the titled opposite party namely; the Principal Pannu Polytehnic College Mari Pannwan Gurdaspur, to refund the full fee of Rs.26,610/- paid by his ward/son alongwith interest @ 18% P.A. from the date of payment till actual realisation besides Rs.1,00,000/- as compensation for spoiling student career through their illegal, negligent and deficient act and also to pay Rs.5,000/- as litigation expenses, all in the interest of justice.
2. The case of the complainant in brief is that he got his minor son Gurpreet Singh admitted in the Diploma Course in Civil Engineering with the opposite party college and paid Rs.26,610/- as tuition/examination fee for first and second semester of the diploma course. The student completed the first semester successfully but the opposite party did not allow him to sit in the second semester alleging that his fee had not been paid in full. The complainant tried his best to convince the opposite party's college authorities but good sense could not prevail and the career of the student was spoiled. The opposite party's college has even refused to refund the fee paid by the complainant and thus prompted the present complaint with the desired relief as prayed herein above.
3. Upon notice, the opposite party appeared through their counsel and filed their written reply stating therein that the complainant has not deposited the second semester fee of his ward/son and thus he could not be allowed to appear in the second semester examination as per the governing rules of the Board of Technical Education Punjab. Thus, the present complaint being without any merit has been prayed to be dismissed with costs.
4. Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1, affidavit of Gurpreet Singh Ex.C2 and original receipts Ex.C3 to Ex.C7 and closed the evidence.
5. Counsel for the opposite parties tendered into evidence affidavit of Jagjit Singh Rajwal Principal Ex.OP-1, affidavit of Ankush Sharma Ex.OP-2, copy of fee structure Ex.OP-3, copy notification Ex.OP-4, copies of receipts Ex.OP-5 to Ex.OP-8, copy of result card Ex.OP-9, copy of notice of examination Ex.OP-10 and copy of J.E.T. application form Ex.OP-11 and closed the evidence.
6. We have heard the learned counsel for the parties and have also gone through the material placed on record carefully.
7. We observe that the complainant’s son Gurpreet Singh who had been studying in the OP College was not allowed to appear in the Second Semester Examination by the OP authorities for the reason that he had not paid the requisite fees. However, the evidence as available on the records of the proceedings speaks otherwise. The Ex.C6 is the Receipt dated 13.05.2014 for Rs.1,050/- clearly stating as: on account of :- Exam fees; and again Ex.C3 is the Receipt dated 21.05.2014 for Rs.10,000/- clearly starting as: on account of :- 2nd Sem. Fees; thus the OP’s pleading of ‘non-deposit’ of college fees being not sustainable shall not be acceptable. It is indeed deplorable that the very ‘college’ where the students come to brighten their ‘careers’ in life has marred the very ‘career’ of the student Gurpreet Singh, the complainant’s ward (son); and that too for the fees that stand duly paid, as per the records. There has been no outstanding First Semester fees (as per available records) against the student/ complainant and even if there would have been some outstanding, the OP authority could not have legally deducted the same from the fee-amount specifically and categorically deposited and accepted for the Second Semester and that too for disallowing the student to appear in the final examination of the Second Semester. The complainant has sought the refund of the total fees deposited with the OP College and that as per the five Receipts Ex.C3 to Ex.C7 (10000 + 10000 + 550 + 1050 + 5000) amounts to Rs.26,600/- besides interest and compensation etc. We note that the complainant has not produced any cogent and specific evidence to prove his loss/damage and subsequent entitlement to such a hefty interest and compensation and thus shall be entitled to the simple routine award only.
8. In the light of the all above, we hold the OP College authority as guilty of having infringed the complainant’s consumer rights (in their arrogance) and thus ORDER them to refund/pay him back the total deposited fee of Rs.26,600/- besides Rs.3,000/- as compensation and Rs.2,000/- as cost of litigation within 30 days of the receipt of the copy of these orders failing which the opposite party shall also pay interest @ 9% PA upon the aggregated awarded amount from the date of orders till realization.
9. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Naveen Puri)
President
Announced: (G.B.S.Bhullar) (Jagdeep Kaur)
January 28, 2015. Member. Member.
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