By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act to refund the fees already remitted to opposite party since she decided to join another college.
2. Brief of the complaint:- The complainant joined in Meenangady Model College for Bsc Computer Science on 06.07.2013 and remitted Rs.9,980/- and Rs.2,500/- towards PTA. After that the complainant got admission in Muttil Orphanage College and hence the complainant asked for the T.C and document from the opposite party. But the opposite party demanded to pay Rs.7,500/- for giving TC and document since no other option, with protest the complainant remitted Rs.7,500/- to the opposite party and the opposite party given back the T. C and only refunded Rs.2,500/- which is paid towards PTA fund and she further says that withholding her Rs.17,480/- by the opposite party after giving TC is an unfair trade practice. Hence prayed before the Forum to take steps to get refund of the said amount.
3. Notice were served to opposite parties and opposite parties filed version denying all the contention in the complaint. Opposite party No.1 submitted that opposite party No.1 is functioning under the guidance of opposite party No.2 and opposite party No.1 is not liable to refund fees as per the terms and conditions in the prospectus of 2013-14 provided by the opposite parties. The complainant is demanding refund only because, she got admission in the W.M.O College and not alleging any deficiency of service from the opposite party or low standard of teaching and other amenities. There is no allegation also to the effect that more fees is collected from the complainant and the fees collected Rs.17,480/- is as per the guideline of No.DA2/16049/2011/HDRD dated 10.06.2013 Director IHRD, Trivandrum only and further stated that the terms and conditions of the fee refund and T.C all is explained to complainant and his father directly and from the PTA Meeting also.
4. Opposite party further stated that the last date of admission to the said course is 12.09.2013 but on 29.07.2013 itself the T.C and other Certificates were given to the complainant and thereby the opposite party caused a income loss of Rs.80,000/- in that year. Opposite party further stated that the complainant never approached the opposite party to get refund of the amount and opposite party knows about the demand only when the notice received from the Forum. Opposite party again stated that the complainant attended the class in the opposite party's institution for one day. Hence opposite party prayed before the Forum to dismiss the complaint with compensatory cost of Rs.10,000/- to opposite parties.
5. Complainant filed proof affidavit and stated as stated in the complaint and Ext.A1(a) and A1(b) is marked. Ext.A1(a) is the Fee Receipt for Rs.7,500/- and Ext.A1(b) is the Fee Receipt for Rs.9,980/-. Opposite party filed proof affidavit but not ready for examination and no documents were marked.
6. On perusal of the complaint, documents and affidavit the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
7. Point No.1:- The last date of admission to the course which is admitted by the opposite party is 12.09.2013. Since the complainant asked for refund of the fees, documents and T.C before closing of admission, the non refund of fees collected is deficiency of service. Which is reported in CPR April 14 by Honorable State Commission Utharakhnad. Here in this case, the opposite party admitted that the last date of admission is 12.09.2013. The complainant demanded T.C and opposite party gave T.C much prior to this date ie on 29.07.2013 itself. So the admission not closed and the opposite party can admit students again. Hence the above act of the opposite parties is unfair trade practice. The Point No.1 is found accordingly.
8. Point No.2:- Since the Point No.1 is found against the opposite parties. The opposite parties are liable to refund the collected fees, cost and compensation to the complainant. The Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite parties are directed to refund Rs.17,480/- (Rupees Seventeen Thousand Four Hundred and Eighty) only to the complainant and opposite parties are also directed to pay Rs.1,000/- (Rupees One Thousand) only as compensation and Rs.1,000/- (Rupees One Thousand) only as cost of the proceedings to the complainant. Opposite parties No.1 and 2 jointly and severally liable to pay the above amount. The opposite parties shall comply the order within one month from the date of receipt of this Order. Thereafter the complainant is entitled for 15% interest for whole the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 17th day of December 2014.
Date of Filing:16.08.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Sreeranjini. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1 Series (a). Copy of Fee Receipt. dt:29.07.2013.
A1 Series (b). Copy of Fee Receipt. dt:06.07.2013.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
