Complaints filed on: 15-03-2023

                                                      Disposed on: 30-06-2023

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

          DATED THIS THE 30^th DAY OF JUNE 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

CC.No.37/2023

Ms. Prerana M.R. D/o Mr.T.N.Raghavendra,

Aged about 21 years, Residing at Sri.Nilaya,

Masjid Road, K.R.Extension, Now residing at

Sri. Nilaya, 3^rd Cross, Mookambika Eye Hospital Road,

Shankarapuram, Tumkur-572 101.

……….Complainant

(Sri.H.G.Prakash, Advocate)

V/s

1.       The Secretary,

          Goyal Education Trust,

          #44/4/5/8 Mylasandra Road,

          Off Begur Koppa Road,

          Next to Eternity Ecstasy Apartment,

          Bengaluru – 560 068.

2.       The Director, Admissions,

          Global Institute of Business Studies,

          No.195, 44/4, 44/5, 44/8,

          Begur, Bengaluru- 560 068.

……….Opposite Party

(Sri. Ramniwas Surajmal, Advocate)

:ORDER:

BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint has been filed by the complainant against the OP U/s 35 of the Consumer Protection Act 2019 with a prayer to direct the OPs to refund admission processing fee of Rs.50,000/- and further order to pay a sum of Rs.10,000/- for mental agony and litigation cost along with interest @ 12% p.a. from the date of petition till realization.

2.       The brief facts of the complaint are as under:-

The complainant submitted that he had applied for admission in OP No.1’s Institution for AICTE approved “PGDM Y1 Tri Semester 1 2022-2024” program.  On the assurance of OPs regarding 100% refund of admission processing fee in case of any cancellation, the complainant had paid Rs.50,000/- towards admission processing fee as per OP No.2 instruction to OP No.1 bank account and the OPs have issued a receipt number P-1427 dated:26.01.2022 acknowledging the same.  The complainant further submitted that due to unavoidable circumstances, the complainant had communicated to OP No.2 that complainant will not be able to join the aforesaid course and also requested for fund in the e-mail sent to OP No.2 dated:10.03.2022.  It is further submitted that in spite of several request, the OPs did not refund the amount.  Hence, again the complainant sent email on 11.04.2022 requesting the OP No.2 to refund the amount, but the OPs did not refund the amount and thereby sent a written refund request on 30.04.2022, for that also, the OPs did not bother.  Thereafter the complainant sent written letter to AICTE counsel on 31.05.2022 to take action against OPs for non compliance, but there was no response from AICTE and finally, the complainant has issued legal notice on 21.07.2022 to asking refund of the amount.  But there was no compliance of the said notice.  Hence, the complaint.    

3.       After receipt of notice, the OPs appeared through their counsel and filed the version and submitted that the OP No.1 is a charitable trust known as Goyal Educational Trust and OP No.2 is an Educational Organization run by the charitable trust of Goyal Educational Trust.  It is further submitted that the complainant had applied for admission in OP No.1s Educational Institution under the name of Global Institute of Business Studies for PGDM Y1 Tri Semester 1 2022-2024 program and the complainant had paid Rs.50,000/- towards admission processing fee for which the OPs have issued a letter of admission dated:31.01.2022 and denied the averments made in regards to 100% refund of admission processing fee and the OPs have never given any assurance as to such refund to the complainant as the same is against the admission policy of the said Institution.  It is further submitted that admission processing fee once paid is non-refundable under any circumstances and the same has been informed to the complainant. 

The OPs further contended that the complainant had withdrawn the admission on her own accord and hence the OPs are not liable to refund the above mentioned fee amount.  It is further submitted that the complainant had taken admission in the OPs’ institution through Third party agent and who had given the assurance of refund and therefore the OPs are not liable for the assurance given by third party.  The OPs submitted that they have already given clarifications regarding non refund of the amount to the complainant and hence they have not replied to the legal notice.  The letter of admission clearly states that the admission processing fee is non-refundable under any circumstances and the fact that the complainant withdrew the admission on her own accord.  Hence, there is no any deficiency of service on their part.  On these among other grounds, the OPs prayed to dismiss the complaint.         

4.       The complainant has filed her affidavit evidence and marked the documents at Ex.C1 to C11.  Authorized representative of OPs Mr.Sandeep Bhansali had filed his affidavit evidence.  The OPs have marked the documents at Ex.R1 & R2.

5.       We have heard the arguments complainant’s counsel and the complainant’s counsel also filed their written arguments.  The OP has filed his written arguments and submits that there is no oral argument on their side.  

6.       On perusal of pleadings and documents produced by both parties, the points that would arise for our consideration are:

1. Whether there is any deficiency in service on the part of OP?

2. Whether complainant is entitled for reliefs sought for?

7.       Our findings to the aforesaid points are as under:

Point No.1: Partly in the affirmative

Point No.2: As per the final order.

:REASONS:

Point Nos.(1) & (2):-

8.       The admitted facts between the parties are:

1. The complainant had applied for admission in OP No.1 Institution for AICTE approved “PGDM Y1Tri Semester 1 2022-2024” programme.  As per instruction of OP No.2, the complainant had paid Rs.50,000/- towards admission processing fee and OPs have issued a receipt No.P-1427 dated:26.01.2022.

2. The complainant communicated to OP No.2 stating that due to unavoidable circumstances, he will not be able to join the aforesaid course and also requested for refund in the e-mails sent to OP No.2 dated:10.03.2022, 11.04.2022 and 30.04.2022.  But OPs did not bother.

3. The complainant sent written letter to AICTE counsel on 31.05.2022 to take action against OPs for non-compliance.  But there was no response from AICTE.  Finally, the complainant has issued legal notice on 21.07.2022, but no reply from OPs. 

9.       The main contention/allegation of the complainant is that, in spite of repeated requests through e-mails and written request for refund of processing fees, the OPs did not respond.

10.     The OPs have taken 03 contentions, they are;

1. The complainant had withdrawn the admission on her own accord,

2. The complainant had taken admission in the OPs’ Institution through 3^rd party agent and 3^rd party agent had given the assurance of refund,

3. The letter of admission clearly states that the admission processing fee is non-refundable under any circumstances.

Hence, the OPs are not liable to refund the fee amount as per the above contentions and there is no any deficiency of service on their part.

11.     To prove the case, the complainant submitted the documents i.e. Ex.C1/Admission fee receipt issued by the OP dated:26.01.2022 by acknowledging the payment of Rs.50,000/-, Ex.C2/ SBI account statement from 15.01.2022 to 27.01.2022 discloses that on 26.01.2022 transfer of Rs.50,000/- to the OP account, Ex.C3/WhatsApp communication dated:22.01.2022 with (Niharikha Sharma), Ex.C4 & 5/Request to refund of registration fee on 10.03.2022 and 11.04.2022, Ex.C6/Request for cancellation registration and refund of registration fee dated:30.04.2022, Ex.C7/ Letter to AICTE Council, Ex.C8/Leal Notice issued on 21.07.2022, Ex.C10/AICTE Academic calendar circular 2022-23, “wherein in Sl.No.4 under the Heading For Standalone PGDM/PGCM Institutions, it is stated as “Last date for cancellation of admission for courses in PGDM/PGCM institutions including FULL Fee Refund 13^th September2022” and Ex.C12, 13 & 14/ AICTE Public Notice.

12.     The exhibits C.10, 12, 13 & 14 produced by the complainant clearly discloses the fact that the OPs are liable to refund the processing fee after deduction not more than Rs.1,000/-.  The OPs are bound by the AICTE Rules and AICTE Rules specifically stated that the processing fee is refundable as per Ex.C10.  Even though the complainant taken admission through 3^rd party, the amount/fee received by the OPs and acknowledged the same by OPs.  Therefore, the OPs are liable to refund Rs.50,000/- as per AICTE Rules.  Hence, non refund of processing fee of Rs.50,000/- is unjust and unfair on the part of OPs.  This act of OPs amounts to deficiency in service.  Considering the facts and circumstances, it is just and proper to direct the OPs to refund Rs.50,000/- with interest @ 8% P.A. from 10.03.2022 i.e. request made by the complainant for refund to till realization.  Further, due to the act of the OPs, the complainant compelled to approach this Commission.  Hence, the OPs are directed to pay Rs.10,000/- as compensation for mental agony and Rs.10,000/- as litigation expenses.  Accordingly, we proceed to pass the following:-  

:ORDER:

The complaint filed by the complainant is allowed in part.

The OPs.1 & 2 are jointly and severally liable to refund Rs.50,000/- with interest @ 8% p.a. from 10.03.2022 to till realization. 

The OPs 1 & 2 are jointly and severally directed to pay Rs.10,000/- as compensation and Rs.10,000/- as litigation expenses.

The OPs 1 & 2 are further directed jointly and severally to comply the above order within 45 days from the date of receipt/knowledge of this order.

Supply free copy of this order to both parties