IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 30th day of June, 2017.
Filed on 10/06/2016
Present
1. Smt. Elizabeth George, President
2. Smt. Jasmine.D. (Member) in
C.C.No.192/2016
between
Complainant:- Opposite Parties:-
Arun Chandran 1. Principal,
S/o Chandran PP College of Engineering
Residing at Arunaarchana Chengannur, Alappuzha
Vaniyamkulam PO 679 522 Kerala, Pin 689 121.
Ottapalam Taluk Palakkad Dist. 2. Commissioner of Entrance
Examinations, 5thFloor,
Housing Board Building,
Santhi Nagar,
Thiruvananthapuram.
(By Adv.1st OP K.A Sajeev &
K.S.Manoj)
O R D E R
SMT ELIZABETH GEORGE ( PRESIDENT)
The case of the complainant is as follows:-
The complainant got admission to Engineering Degree Course EE – Electrical &Electronics Engineering in Cochin, College of Engineering, Chengannur, Alapuzha in 2014. The complainant joined the college for the course in 2014. The complainant got an inter collegiate transfer in 2015 and he joined the NSS College of Engineering, Palakkad on 31st July 2015. The complainant approached the opposite parties to refund the liquidated damages of II, III & IV year fee of Rs.1,05,680/-. But they refused to refund the same. In the prospectus issued by the KEAM 2014, clause 12.2.4. describes in what cases liquidated damages can be levied. It says, if the student discontinues studies in the college allotted during the academic year, then only liquidated damages can be levied. So the action of the opposite parties is against terms and the complainant is entitled to refund of the amount with interest and costs. Alleging deficiency in service on the part of the opposite parties the complaint is filed.
2. Version of the 1st opposite party is as follows.
Complainant filed an application for inter university transfer to the 1st opposite party during his 3rd semester of B.Tech Course. The opposite party collected second year annual fee of Rs. 35,000/-. The complainant made a request to the Hon’ble Minister for Education dated 2/6/15. Thereafter first opposite party received a letter No. DA1/7495/HRD dated 4/6/15 from the Director, IHRD, stated that the 1st opposite party is directed to authenticate and certify the transfer application of the complainant for his transfer to Calicut University only after obtaining an undertaking from the complainant and his parent that the complainant is willing to pay the ‘LIQUIDATED DAMAGES’ as per rule to that college if transfer is sanctioned to the complainant by the University. In the light of that instruction, complainant made an undertaking to the 1st opposite party that if the transfer is permitted to him, he will be paid the ‘LIQUIDATED DAMAGES’ as per the rules of the 1st opposite party. In accordance with the direction of the Director, IHRD and on the basis of the undertaking made by the complainant, the 1st opposite party certified that transfer application of the complainant. As per clause 12.2.4 (a)(I)and (3) for the prospectus issued by the 2nd opposite party. They have accepted the fees. They have accepted the liquidated damages from the complainant herein is as per the clause stated in the prospectus issued by the 2nd opposite party herein and the undertaking made by the complainant and his parent. Complainant is not entitled to refund the liquidated damages remitted by him to the 1st opposite party.
The notice issued against the 2nd opposite party noted the returned and even the acknowledgment not received.
3.The complainant was examined as PW1. The documents produced were marked as Ext.A1 to A3. No oral evidence adduced from the side of the opposite party and documents produced were marked as Ext.B1 to B4.
4.Points for considerations are:
1.Whether there is any deficiency in service on the part of opposite parties?
2) If so the reliefs and costs?
5.Complainant got admission in the College of opposite party in the year 2014 for Electrical and Electronics Engineering course. Thereafter he got inter collegiate transfer in the year 2015 and he joined the NSS College of Engineering Palakkad on 31st July 2015. According to the complainant he had to pay Rs. 1.05,680/- towards liquidated damages. The allegation of the complainant is that even though he approached the opposite parties to refund the liquidated damages of II, III and IV year fee of Rs. 1,05,680/-, the opposite party refused to refund the same. According to the opposite party they received a letter dated 4/6/15 from the Director , IHRD stating that 1st opposite is directed to authenticate and certify the transfer of the complainant for his transfer to Calicut University only after obtaining an undertaking from the complainant and his parent that the complainant is willing to pay the “liquidated damages” as per rules to the college if transfer is sanctioned to the complainant by the University. In order to substantiate this contention 1st opposite party produced letter of the Director dated 4/6/15 it marked as Ext.B2. Opposite party also produced letter of the complainant and his father and it marked as Ext.B3 and B4. While cross examining the complainant he admitted that they gave such letter to the opposite party under force. According to the opposite party as per clause 12.2.4 of the prospectus issued by the 2nd opposite party “ if any candidate admitted against “Government’ seats in Government/Aided/Government Controlled Self-financing/Private Self-financing/KAU/KVASU/KUFOS College, discontinues the studies after the closing of admissions in the same academic year, to join other Courses/Colleges or for other purposes, he/she is liable to pay liquidated damages of Rs.75,000/-(Rupees seventy five thousand only) for the courses other than MBBS/BDS. The liquidated damages for those candidates discontinuing courses in Government Engineering Colleges will be Rs.50,000/-(Rupees fifty thousand only). In all such cases the Transfer Certificate will be issued only after remitting the liquidated damages to the admitting authority concerned, hence they are entitled to get liquidated damages from the complainant. But according to the complainant the last portion of the clause 12.2.4 shows that candidates who are transferred from one institution to another as per the proceedings of the University concerned are exempted from payment of liquidated damages. So the question to be answered is whether the complainant is entitled to get refund from the opposite parties. Ext.B3 and B4 are the letters given by the complainant and his father requesting the 1st opposite party to certify the application form. Ext.A1 dated 28/7/15 shows that complainant remitted Rs.70,000/- towards liquidated damage to the 1st opposite party. Ext.A2 dated 22/6/15 shows that complainant paid Rs.35680/- towards 3rd semester fees. According to the complainant he got admission in the NSS College of Engineering Palakkad on 31/7/15. So it is clear that after obtaining admission at NSS College of Engineering Palakkad he remitted Rs.70,000/- towards liquidated damage to the 1st opposite party. So it appears that the 1st opposite party received the amount of Rs.70,000/- being the fee for the period for which the student was not studying in the College. In clause 12.2.4 it is clearly stated that candidates who are transferred from one institution to another as per proceedings of the University concerned are exempted from payment of liquidated damages. Here in this case opposite party has no case that the complainant transferred from their College to the NSS College Palakkad against the proceedings of the University. In such facts we are of opinion that the demand made by the 1st opposite party was not justified and complainant is entitled to receive refund of liquidated damages paid by the complainant.
In the result complaint is allowed.
The 1st opposite party is directed to refund an amount of Rs.70,000/- (Rupees Seventy thousand)which they collected as liquidated damage from the complainant with interest 9% from the date of complaint till payment. The 1st opposite party is also directed to pay Rs. 2000/- (Rupees Two thousand) towards cost of this proceedings. Since the primary relief is allowed the further relief for compensation is not allowed.
The Order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in the Open Forum on this the 30th day of June, 2017.
Sd/- Smt. Elizabeth George, President
Sd/- Smt. Jasmine.D. (Member)
Appendix
Evidence of the complainant:
PW1 - Arun Chandran(Witness)
Ext.A1 - Fee Receipt dtd 28/7/15 for Rs.70,000/-
Ext.A2 - Fee Payment Voucher dtd 22/6/15 for Rs.35680/-
Ext.A3 -Copy of page 40 regarding liquidated damages contained in
Prospectus
Evidence of the opposite party
Ext.B1 - Prospectus
Ext.B2 - Letter dated 4/6/15 issued from IHRD
Ext.B3 - Letter dated 4/6/15
Ext.B4 - Letter dated 4/6/15
//True Copy//
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F
