FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
Brief facts of the case are that the complainant had applied Admission in B.Com (H) through online with the OP Institute in evening session and his name was appeared in the merit list published on OP’s website. Complainant deposited Rs.47,057/- in the Bank Account of the OP against Challan No. 005678/01 dated 11.07.2018 but the complainant did not receive any SMS or email for document verification. Ultimately, complainant was not admitted in B.Com (H). Accordingly, complainant requested for refund of Rs.47,057/-. However, the OP did not refund the amount. Hence, the consumer complaint has been filed by the complainant for refund of Rs.47,057/- along with interest, compensation and litigation cost.
Despite of service of notice, OP did not turn up to contest the case. As such, the case has proceeded ex parte against the OP.
Point for Determination
- Whether the complainant is a consumer and the OP/Institution is a service provider ?
- Whether the complainant deposited Rs.47,057/- to the Bank Account of the OP for admission in B.Com (H) Evening against Chillan No.005678/01 dated 11.07.2018?
- Whether there was any unfair trade practice on the part of the OP ?
- Whether the complainant is entitled to refund admission amount including interest, compensation and litigation cost ?
Decision with Reasons
Point Nos. 1 to 4:
All the points are taken up together for the sake of convenience and brevity in discussion.
To prove his case, complainant has filed examination-in-chief in the form of affidavit and also relied upon the documents annexed with the complaint petition.
Upon taking into account of the consumer complaint and also considering overall assessment and evaluation of the evidence as well as documents furnished by the complainant, it is found that complainant had applied for admission in B.Com (H) course, evening with the OP and deposited Rs.46,400/- to the Bank Account of the OP against Challan No. 005678 / 01 dated 11.07.2018 through Credit Card. OP did not send any SMS for verification of documents . Complainant had been to the OP / Institution regarding confirmation of admission but he was informed that admission of B.com (H), Course is closed. Complainant submitted a prayer for refund of admission fees and also sent several e-mails. Neither the OP refund the admission fees nor replied those e-mails. In Jaipreet Singh – Vs - FIIT JEE Ltd. Institution & Anr., RP No. 918/2015 decided on 14.11.2017 the Hon’ble NCDRC as treated students as consumer and the FIT JEE Ltd. Institution & Anr. as a service provider. In fact, the relationship between a Consumers and Service provider depends upon nature of service being provided and relief sought. Complainant had hired the services of the OP for consideration so he is consumer as defined in Consumer Protection Act. University Grants Commission vide DO No. F.1-3/2007 (CPP-II) dated 11.01.2016 directing the Vice Chancellors of all Universities to abide by the instructions in the Public Notice the Voice Chancellors of all Universities to abide by the instruction in the Public Notice dated 23.04.2017 and to ensure compliance of such instruction all the colleges/ institutions affiliated under such University.
Clause -3 of the said Public Notice dated 23.04.2007 read as follows :
The Ministry of Human Resources Development and University Grants commission have considered the issue and decided that the institutions and Universities in the public interest, shall maintain a waiting list of students/ candidates. In the event of a student/candidate withdrawing before the starting of the course., the waitlisted candidates should be given admission against the vacant seat. The entire fee collected from the student after a deduction of the processing fee of not more than Rs. 1000/- (one thousand only) shall be refunded and returned by the Institution/ University to the student/ candidate withdrawing from the programme. Should a student leave after joining the course and if the seat consequently falling vacant has been filled by another candidate by the last date of admission, the Institution must return the fee collected with proportionate deductions of monthly fee and proportionate hostel rent, where applicable.
Complainant deposited Rs.46,400/- to the Bank Account of the OP against Challan No. 005678/01 dated 11.07.2018 as admission fees but he was not admitted B.Com (H) Course (Evening). Even, the OP did not refund the admission fees to the complainant.
Based on the foregoing discussions, it is concluded that the complainant is a consumer and the OP / Instititution is a service provider in the instant case. The complainant deposited Rs. 46,400/- to the OP-1 as admission fees. The OP did not admit the complainant in B.Com (H) and did not refund the admission fees in spite of notification of UGC vide DO No. F.1-3/2007 (CPP-II) dated 11.01.2016. The attitude of the OP is tantamount to unfair trade practice. Therefore, the complainant is entitled to get reliefs as prayed for. Thus, all the points under determination answered in the affirmative.
In the result, the case succeeds.
Hence,
Ordered
That the complaint case be and the same is allowed ex parte against the OP with litigation cost of Rs.5,000/- (Rupees five thousand) only.
OP is directed to refund Rs.46,400/- (Rupees Forty Six thousand four hundred) only (after deducting Rs.1,000/- towards administrative charges) to the complainant, also to pay Rs.5,000/- (Rupees Five thousand ) as compensation for unfair trade practice and harassment caused to him apart from litigation cost. The order is to be complied within a period of 30 days, otherwise simple interest @ 6% per annum shall be paid for the total amount ordered from the date of filing of the complaint (i.e. on 03.06.2019) till realization.
Liberty be given to the complainant to put the order in execution, if the OP transgresses to comply the order.
