Complainant in person 

Opponent absent

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Per : Smt. Geeta S. Ghatge            Place   :  PUNE

// J U D G M E N T //

(19/12/2013)

          The complainant filed this complaint against the opponent for the refund of fees.   The brief facts are as follows;

1]       The complainant’s daughter Ridhima Joshi had taken admission through centralized admission process at TSSM’s PVPIT i.e. Padmabhooshan Vasantdada Patil Institute of Technology, Bavdhan, Pune on 29/7/2011.

          After confirmation of admission at P.E.S’s Modern College of Engineering, Shivaji Nagar, Pune for Information Technology course, the daughter of complainant applied for the cancellation of admission to the opponent institute and also asked to refund the fees.  The procedure of cancellation was completed by issuing receipt-cum- acknowledgement of cancellation of admission.  In this receipt, it was mentioned that the total amount refunded is Rs. 93,857/- and cancellation charges are Rs. 1000/-.  This receipt-cum-acknowledgement has been taken back from Ridhima Joshi.

          On demanding the refund amount after one month, the principal of the institute refused to refund the amount on the ground that seat has not been filled.  But he agrees to refund Rs. 13,000/- only.  According to the complainant, the admission was cancelled well before the cut off date declared by the institute and as the many of seats were vacant, the ground given by the Principal for non-refund of fees, is not proper.   Hence, the complainant come before the Forum with prayer of refund of entire fees with interest i.e. Rs. 1,07,625/- and compensation of Rs. 50,000/- for mental agony along with cost of Rs. 5,000/- for the complaint application.

2]      Even after proper service of the notice of the Forum, the opponent institute failed to remain present before the Forum.  Hence, the ex-parte order is passed against the opponent.

3]      After considering the pleadings of the complaint, scrutinizing the documentary evidence, affidavit and hearing the argument of the complainant, it is clear before the Forum that, acknowledgement-cum-receipt of refund of amount of Rs. 94,875/- has been issued to Ridhima Joshi by the opponent institute on 29/7/2011.  It is the contention of the complainant that the said receipt has been taken back by the opponent.  On this background, it is the opinion of the Forum that, the letter by “Kaksha Adhikari”, Maharashtra Shasan Shikshan Shulk Samti dtd.29/12/2011 and the letter by “Upa Sanchalak, Tantra Shikshan Sanchalanalaya, Maharashtra Rajya, Mumbai dated 11/5/2012 issued to Sanchalak, Tantra Shikshan Sanchalanalaya and to Sanchalak, Shikshan Vibhagiya Karyalaya are important.  The said letters directed the concerned officers to take action with reference to the complaint, made by the complainant, as per the rules and report about the action taken by them.  These letters were issued after the issuance of the acknowledgement-cum-receipt of refund of fees given and again has been taken back.  From this, it is crystal clear that, the institute refused to refund the fees.  If the institute has refunded the fees, after service of the notice of the forum, the institute would definitely remained present before the Forum and defend itself.  But the opponent remained absent.  It is also contended by the complainant that, the opponent refused to refund fee on the ground that the seats have not been filled by the institutes.  But according to the Forum, it is not a proper to connect this reason with refusal of refund.  And from this it is crystal clear that, the opponent refused to refund the amount of fees without any proper reason.  After considering the receipts on record, it is the opinion of the Forum that complainant is entitled for refund of fee after deducting the registration fee of Rs. 760/- as mentioned in receipt dtd. 23/8/2011.  There are several case laws of Hon’ble Apex Court, which stated that the registration fee is not refundable.  Hence, after deducting the amount of registration fee of Rs. 760/-, from the demanded amount of fee of Rs. 1,07,625/- (1,07,625 – 760 = 1,06,865) the Forum direct the opponent to refund the complainant an amount of Rs. 1,06,865/- with interest @ 6% p.a. from the date of 30/8/2011 i.e. date of receipt of refunded fee till its realization.

4]       Due to the deficient service provided by the opponent, complainant has to suffer from mental agony.  Considering this situation, Rs. 5,000/- are allowed as compensation for mental agony and Rs. 2,000/- as a cost of the complaint application.  Hence, the Forum pass the following order.

                                                ** ORDER **

1.       The opponent Institute is hereby directed

to refund an amount of Rs.1,06,865/- (Rs.

One Lac Six Thousand Eight Hundred and

Sixty Five only) to the complainant along

with interest @ 6% p.a. from 30/8/2011 till

its realization, within 6 weeks from the date

of receipt of copy of the order.

3.       The opponent is also directed to pay an

amount Rs. 5,000/- (Rs. Five Thousand

only) towards physical and mental agony

and also an amount of Rs.2,000/- (Rs. Two

Thousand only) towards cost of the complaint

within 6 weeks from the date of receipt of

copy of the order.

4.       Copies of this order be furnished to the

parties free of cost.

                   5.       Parties  are directed to collect the sets,

which were provided for Members within

one month from the date of order, otherwise

those will be destroyed. 

Place – Pune

Date- 19/12/2013