DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH [Complaint Case No:40 of 2011] Date of Institution : 25.01.2011 Date of Decision : 26.09.2011 -------------------------------------- Sh. Manish Kumar Singh son of Sh. Jitendra Narayan Singh R/o V.P.O. Pokhrera, P.S. Taraiya, District Saran (Chapra), Bihar. ---Complainant. VERSUS Universal Education Society, (Corporate Office: Lalru-Handesra Road, Lalru), Derabassi, Distt. Mohali, Punjab. (2nd Address: SCO No.84, First Floor, Sector 38-C, Chandigarh.) ---Opposite Party. BEFORE: SHRI LAKSHMAN SHARMA PRESIDENT SMT. MADHU MUTNEJA MEMBER SH. JASWINDER SINGH SIDHU MEMBER Argued By: Sh. Gaurav Bhardwaj, Advocate for the complainant. OP already exparte. PER LAKSHMAN SHARMA, PRESIDENT Sh. Manish Kumar Singh has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to:- i) Refund a sum of Rs.40,600/- paid as fee to the OP. ii) Pay a sum of Rs.1,00,000/- as compensation for mental agony and harassment. iii) Pay the costs of litigation. 2. In brief, the case of the complainant is that on 03.09.2010, he took admission in B.Tech (Civil) in the college run by OP Society and deposited Rs.40,600/- as fee vide receipt No.0891 dated 03.09.2010 (copy of receipt attached with the complaint). It is averred that the complainant never attended any counseling and the admission was given to him only on the basis of his positive marks in A.I.E.E.E. According to the complainant, the environment of the OP college was not congenial for academic pursuits. Otherwise also, according to the complainant, the OP was raising demand for extra money on one pretext or the other. It is averred that he attended the classes of OP College for only one day and sought refund of the entire fee deposited by him. According to the complainant, he was told to come after one month to take refund of the fee. However, when he visited the office of OP for the refund of the fees, OP put off the matter to avoid refund of fee. According to the complainant, non refund of the fee by the OP amounts to deficiency in service as well as unfair trade practice. In these circumstances, the present complaint has been filed seeking the reliefs mentioned above. 3. OP was duly served but OP refused to accept the summons. As refusal was a good service, therefore, OP was ordered to be proceeded against vide order dated 11.04.2011. 4. We have heard the learned counsel for the complainant and perused the record very carefully. 5. The averments made in the complaint as reproduced above have gone un-rebutted and un-controverted as no reply has been filed by OP. Further the above said averments stands corroborated from the affidavit of the complainant as well as the receipt dated 03.09.2011. 6. Thus, it is proved from the receipt bearing receipt No.0891 dated 03.09.2011 that the complainant took admission in OP College in B. Tech (Civil) and paid a sum of Rs.40,600/- in cash. It is also proved the complainant attended the classes for one day only. It is also established from the affidavit of the complainant that the classes for the said course had already commenced before his admission. The complainant sought refund of the fee in the month of September 2010 itself. Therefore, he is entitled to the refund of the entire fee after deduction of proportionate fee for the period of one month. OP Institute is also entitled to deduct Rs.1,000/- as administration charges as per UGS Guidelines. In addition to this, the complainant is entitled for compensation for physical harassment and agony, which she suffered at the hands of the OP Institute. 7. In view of the foregoing discussion, the present complaint is allowed. The OP is directed to refund the entire amount deposited by the complainant (i.e.Rs.40,600/- vide Receipt dated 03.09.2010) after deducting the proportionate fee for the period of one month as well as Rs.1,000/- as administrative charges as per UGS Guidelines, from the said amount. The Complainant is also entitled to compensation of Rs.5,000/- for mental agony and litigation charges amounting to Rs.7,000/-. 8. The aforesaid order be complied with by the OP, within a period of one month from the receipt of its certified copy, failing which the OP shall pay the above said amount (excluding cost of litigation) along with interest @12% per annum from the date of complainant seeking refund i.e. October 2010, till the date of realization, along with the cost of litigation mentioned above. 9. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced. 26th September 2011. Sd/- (LAKSHMAN SHARMA) PRESIDENT Sd/- (MADHU MUTNEJA) MEMBER Sd/- (JASWINDER SINGH SIDHU) MEMBER Ad/-
[Complaint Case No:06 of 2011] Argued By: Sh. Gaurav Bhardwaj, Advocate for the complainant. OP already exparte. --- As per separate detailed order of even date, this complaint has been allowed. After compliance file be consigned. Announced. 26.09.2011 Member President Member
| | MRS. MADHU MUTNEJA, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MR. JASWINDER SINGH SIDHU, MEMBER | | 
