This case is coming for final hearing on 12-08-2014 in the presence of Sri Y.Vijaya Saradhi, Advocate for Complainant and Sri K.Sreenivasa Rao, Advocate for Opposite party and having stood over till this date, the Forum delivered the following.                                                                                                                                                                                                                                                                                                                                                                                           

: O R D E R :

(As per Sri V.V.L.Narasimha Rao, Honourable Member on behalf of the Bench)

1. The complainant filed the present complaint on 15.04.2013 under Sec.12 of Consumer Protection Act against the Opposite party and requested the Forum to direct the Opposite Party (1) to refund Rs.9,000/- fees amount along with 24% interest from date of payment till realization (2) to return original certificates of 10^th class and Diploma Certificate (3) to pay Compensation of Rs.1,00,000/- for causing mental agony (4) to pay costs for legal expenditure (5) to grant any other relief or reliefs basing upon the circumstances of the case.

2. The brief facts are as follows: The complainant took admission in CST Branch in Opposite Party college on 26.08.2011 and paid an amount of Rs.9,000/- to the Opposite Party on the same day and obtained Receipt No.454. At the time of admission, she has handover original certificates of 10^th and Diploma as per procedure. She submits that having came from a poor family and not having sufficient funds as she could not procure the balance tuition fees, she approached the Opposite Party for cancelling her admission and for returning the fees amount, along with original certificates. The college staff of the Opposite Party stated that they are not in  possession of the original certificates and could not arrange the same immediately. As she has paid the amount of Rs.9,000/- and not even attended single class and also she is having some personal financial problem, she has withdrawn from the admission of the Opposite Party. Thereby as there is no response from the Opposite Party finally, she got issued Legal Notice dt. 29.12.2012 to the Opposite Party and Opposite Party replied for the same vide Reply Notice dt. 10.01.2010 with false allegations. The Opposite Party has not valid guidelines of the AICTE vide No.AICTE/Legal/04(01)/2007 dt. Apr 2007. As the Opposite Party has put severe harassment to her she is filing the present Complaint seeking reliefs along with compensation of Rs.1,00,000/-.

3. Notice served to the Opposite Party and Opposite Party filed Counter as follows: The Complainant is levelling false allegations against the Opposite Parties that after taking admission in the College on 26.08.2011 by paying Rs.9,000/-, she has approached several times and for every time the  Opposite Party use to show the deaf year for her request and also with regarding to the refund of the original certificates, she is blaming the Opposite Party without any cause and even she has not filed the proceedings i.e. refund of policy as per the AICTE guidelines of April, 2007. Without having any merits on her case, the Complainant is alleging the Opposite Party. The Complainant at the time of admission has given undertaking on par with the other candidates who took the admission and admitted to pay the balance tuition fees during the subsequent years of the study in the college till completion of the course. If she wants to discontinue her studies, she has to pay the balance tuition fee for the remaining years also. If she does not pay the said amount her admission will be kept in suspension without further notice and her original certificates will be confiscated and transfer certificate may be hold by the authorities of the Opposite Party.  Unless she pays the balance amount of the tuition fees to the Opposite Party, the original certificates and transfer certificates cannot be issued. The Complainant and her father has to abide for the undertaking given to the Opposite Party. The Opposite Party institution failed to provide any educational facilities then there will be deficiency of service. In this case, the Complainant herself has committed default in payment of the balance fees as for which she has agreed and thereby the deficiency of service does not arise on part of Opposite Party. Neither the Complainant nor her father had approached the Opposite Party for the refund or return of the original documents and except serving the Legal Notice on 29.12.2012 to the Opposite Parties, for that the Opposite Party has given suitable reply to the Complainant on 10.01.2013. As there is no cause of action for filing the present complaint and she herself has violated the undertaking letter given by her and also the Opposite Parties are following the rules and regulations/guidelines mentioned in the AICTE and the Complaint against the Opposite Party may be dismissed with exemplary costs.

4. On perusal of the pleadings of the both parties, the Forum framed the following points for consideration:

   1. Whether there is any deficiency of service on the part of Opposite parties

   2. To what relief.

5. The Complainant filed her Chief examination Affidavit and on her part Ex.A1 to A4 were marked. On behalf of the Opposite Party Sri M.James Stephen filed Evidence Affidavit narrating the facts mentioned in the Counter and on his behalf Ex.B1 to B4 were marked. The Opposite Party has filed Memo dt. 3.7.2014 along with the documents stating that the seat for which the Complainant has taken admission is still vacant and not allotted to anyone till date. The Complainant and Opposite Parties filed Written Arguments and adduced oral arguments.

6. Point No.1: The present Complaint is filed by the Complainant against the Opposite Party for refund of the fees amount of Rs.9,000/- along with her original documents i.e. 10^th and Diploma certificates and compensation, as she has withdrawn from the seat for which she took admission in CSE B-Tech year 2011-2012. The Opposite Parties in their Counter and Evidence Affidavit stating that after taking admission by paying Rs.9,000/- admission fee, she has not approached the Opposite Parties at any point of time. All the way from 26.08.2011 to 29.12.2012,s he kept quiet and then she got issued a Legal Notice to the Opposite Party for refund of the amount along with original certificates and compensation. By enclosing the AICTE guidelines, also the Opposite states that unless she pays the entire amount for the balance academic years, she is not entitled for taking the original certificates also as she has filed the present complaint without cause of action, the complaint is liable to be dismissed.

7. As seen from the Ex.A1, Receipt, dt. 26.08.2011 it seems she has paid Rs.9,000/- fees to the Opposite Party for admission in CSE year 2011-2012. After a gap of 491 days from 26.08.2011 to 29.12.2012, she got issued a Legal Notice to the Opposite Parties for refund of Rs.9,000/- fees along her original certificates i.e. 10^th and Diploma. Along with Ex.A2 Legal Notice, she has enclosed Ex.A3 AICTE guidelines No.AICTE/Legal/4(01)/07, Apr 2007 in which refund conditions are mentioned basing upon the situation in 3 stages. After receiving Ex.A2 Notice, Opposite Party served Ex.A4, Legal Notice to the Complainant’s counsel Sri Y.Vijayasaradhi stating that as the Complainant and her father has given undertaking to the Opposite Parties for paying the fees in case of discontinue of classes, she has to pay the entire amount and unless she pays the same she is not entitled for the original certificates and transfer certificate. The said original certificates will be confiscated and the transfer certificates may be withhold by the authorities.

8. As per Memo dt. 3.7.2014 Opposite Party stated that the suit for Complainant has took admission is still vacant and not allotted to anyone. Ex.B1 is the application form of the Complainant in which there is an undertaking by the parent/guardian dt. 26.08.2011. In that undertaking the Complainant’s father has given undertaking to the Opposite Party college that “he shall not dispute with the authorities in any manner even if his daughter was sent out of college by giving TC, nor he shall claim for any refund of the amounts paid to the College”. He/his daughter abide to pay the tuition fee during the subsequent years of study till completion of the course. In the case if his daughter discontinues her studies, he will undertake to pay tuition fees for the remaining years also and her original certificates would be confiscated and transfer certificate will not be issued. In the Ex.B1 Undertaking for payment of tuition fees in case of transfer or discontinue of the course the Complainant and her father has given undertaking and that in the event of non-compliance of the course or in the event of discontinue of course in the middle of the period, the college authorities may be held all original certificates and also transfer certificates and college can take all steps for recovery of the fees due from the candidate i.e. the Complainant. Ex.B3 is the details showing the tuition fees fixed by AFRC for the students of professional course. In that Ex.B3, the B.Tech/B.E. tuition fees is mentioned. Ex.B4 is the certificate given by the Principal of the Opposite Party college dt. 23.06.2014 confronting the version mentioned in the Memo dt.3.7.2014. In the said certificate states that, “Complainant joined in the admission for C.S.E. Engineering course on 26.08.2011 and after joining she discontinued her studies within 2 months without any intimation”. At this juncture, her engineering seat was still vacant and her seat was not allotted to any other candidate within 2 months. As seen from the version of the Complainant in Complaint and Evidence Affidavit along with Written Arguments, it seems because of her financial problems she herself withdrawn from the seat and requested the Opposite Party for refund of the fees amount of Rs.9,000/- along with her original certificates vide Ex.A2 Legal Notice. After gap of 491 days from 26.08.2011 (Ex.A1) and 29.12.2012 (Ex.A2), the Complainant served Legal Notice (Ex.A2) to the Opposite Party for refund of the fees amount along with original certificates. Observing the Ex.A3 refund conditions mentioned by the AICTE guidelines, it reveals that as she has not approached the authorities in specified time basing upon the terms she is not entitled for the refund of amount. Viewing the Ex.B1 Application Form it reveals that the Complainant and her father themselves gave undertaking to the college to withhold the original certificates in case of any discontinuing of the course in the middle of the academic year as the entire amount for the balance academic years fees has to be paid. In the Ex.B1, the signatures of the Complainant and Complainant’s father are there. If so, when the Complainant and her father themselves admitted for the terms and conditions and alleging the Opposite Party for not following the due process procedure as per AICTE guidelines, she has to accept her undertaking letter and in turn she has to obey the guidelines given by the AICTE.

9. Viewing the Ex.B4 and the Memo given by the Opposite Party, it seemsshe has discontinued her studies within two months without any intimation and the seat was still vacant.

10. As per case law III (1998) CPJ Pg 339-345 Pydah College Vs E.Mohan Rao and another, Hon’ble State Commission set aside the Order of the District Forum and allowed the appeal stating that “Complainant’s son took admission in MCA”. He has paid part fees for one year and undertook to pay the remaining fee in one month and also given time to furnish the original certificates. He attended the classes for 3 months and requested for refund of the part fees along with original certificates. The Opposite Party-College has not refunded the said amount and District Forum held the College guilty of deficiency of service. Aggrieved by the same, Appeal was preferred by the Pydah College and the Order was set aside by allowing the Appeal.

11. Viewing the principle of case law mentioned supra in Para No.10 and the Ex.B4 along with the version of the Complainant and Ex.B1, A3 as the Complainant and her father has given undertaking for paying the balance amount of the fees, for the further academic years of the course, the Complainant cannot blame the Opposite Party and at the same time Opposite Party is not liable to refund the fees amount to the complainant and there is no deficiency of service on part of Opposite Parties.

12. But observing the principle of the Pydah College case law and the version of the Complainant that she came from poor family and viewing her bright future, if the original certificates were withhold by the Opposite Party, the Complainant will be deprived of her further studies and bright career. Hence applying principles of natural justice, the Opposite Party is directed to return the original certificates of the Complainant i.e. 10^th Certificate & Diploma Certificate obtained from Bhaskara Polytechnic College within two months (by obtaining acknowledgement from the Complainant) from the date of this Order. As seen from the facts and circumstances of the both sides observing the Ex.B1, A3, A2, A4 the Complainant is not entitled for the compensation and costs from the Opposite Party. Accordingly Point No.1 and 2 are answered.

13. In the result the Opposite Party is directed to return the original certificates of Complainant i.e. 10^th & Diploma certificates obtained from Bhaskara Polytechnic College to her within two months from the date of receipt of this order. No order to costs.

    Dictated to the Shorthand Writer, transcribed by him, corrected and pronounced by us in the open Forum on this the 28^th day of August, 2014.

     

     

     

    Sd/-                                                                   Sd/-

    President (FAC)                                                         Member           

                                                                            District Consumer Forum-I

                                                                                Visakhapatnam

     

    APPENDIX OF EVIDENCE

     

    Exhibits Marked for the Complainant:

Exhibits Marked for the Opposite Party:  

Sd/-                                                                 Sd/-

President (FAC)                                                         Member           

                                                                        District Consumer Forum-I

                                                                            Visakhapatnam