Orissa

Sambalpur

CC/70/2017

Prafulla Kumar Mishra - Complainant(s)

Versus

Vedic college of Science , Sambalpur - Opp.Party(s)

Smt. S. Dash and others advocates.

14 Sep 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer.Case No.- 70/2017

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Aman Kumar Mishra,

S/o- Prafulla Kumar Mishra,

Complainant being minor represented through his natural father

Guardian Prafulla Kumar Mishra S/O-Late Bihari Charan Mishra

R/O- Asha Kiran Maitri Vihar, PO-Dang, Via-Bardol,

Ps-Bargarh, Dist-Bargarh.                                                 ……..…..Complainant

 

Vrs.

Vedic College of +2 Science, Sambalpur

Represented through its Principal,

At/Po-Pabpali, Sason,

Sambalpur-768200, Odisha.                                                  ……..….Opp. Party

Counsels:-

1. For the Complainant       :-         Smt. S.Dash, Advocate & Associates.
2. For the O.P                       :-         Sri. R.K.Mahana, Advocate & Associates

 

Date Of Filing: 13.10.2017, Date Of Hearing :XXXXXX, Date Of Judgement : 14.09.2022

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant is a student in the College of the O.P and the O.P is the Chief and key personnel of the institute, who running a college under the district of Sambalpur named and style as “Vedic College of Science and Commerce”. The Complainant being studied in CBSE pattern had secured 84% marks looking for the better college and to the advertisement published in daily newspaper and in NET the Complainant sought admission in the college after proper enquiry to the authority who assured him to have CBSE pattern in their college. On 22.06.2016, the Complainant had got admitted in the college of the O.P in +2 1^st year and paid Rs. 45,000/- towards admission fee and Rs. 2,000/- towards caution money on their demand of fee in shape of cash, the O.P issued a cash memo No. 10750 and 10552 dtd. 22.06.2016. That day after admission the Complainant came to know that in the college CBSE pattern was not being studied and he was got admitted in the guise of teaching of the said pattern. Being scared of loss of a session and finding no alternative the Complainant seek withdrawal of his admission. The Complainant withdrawed his admission on 23.06.2017. When the Complainant approached in the institute for refund of his admission fee the institute assured to return after processing the formality which take for 15 day. After 15 days when the Complainant again approached they avoided him in the pretext of false assurance. In spite of running after the college from pillar to post the fee was not refunded by the authority. The Complainant being paid fee in the college and have not studied therein for any time he is entitled to get refunded of the money deposited as fee for admission.
2. The version of the O.P is that the O.P is neither the chief nor the key personnel of the Institute to run the college under the District of Sambalpur named and style as Vedic College of Science and Commerce. As the college is run by a trust which is a non profitable organization and all decisions are taken by the O.P in consultation with the Managing Committee. Neither in daily news paper nor in internet have the college authorities advertised that the Vedic College of +2 Science and Commerce follow CBSE pattern of Education rather it has been clearly mentioned in the advertisement that the college is affiliated to CHSE pattern. As the Complainant after admission did not accommodate him with the college environment and for that in order to quit/leave the college. After getting admission in the college on 22.06.2016 the Complainant went home on 27.06.2016 and returned back to the college on 29.06.2016 and after that he stayed for 15 days in the college hostel availing all the facilities and thereafter he left the college. After leaving the college by the Complainant, suddenly on 7.12.2016 the parents of the Complainant came to the college and expressed the O.P that their child is no more desirous to continue his studies in this institution and asked the O.P to refund the admission fees. But the O.P after consultation with the Managing Committee and as per the mutual settlement arrived at between the parents of the Complainant and O.P, the O.P returned back Rs. 12,000/- only including the caution money to the father of the Complainant vide Cheque No. 133096 drawn on SBI SME branch, Sambalpur. In the fee structure for session 2016-17 in the reference note No. 1 it has been clearly mentioned that “fee once deposited will not be refunded” and as such the Complainant is not entitled to get refund of the money as deposited towards admission.
3. From the above it is found that the allegation made by the Complainant against the O.Ps is not correct. The Complainant has failed to proof the allegations mentioned in his complaint petition. In the other hand in the fee structure for session 2016-17 in the reference note No.1, submitted by the Complainant himself it has been clearly mentioned that “fee once deposited will not be refunded” and as such the Complainant is not entitled to get refund of the money as deposited towards admission. So it is ordered that the case is dismissed on contest.

Order pronounced in the open Court today on 14^th day of Sept, 2022.

Free copies of this order to the parties are supplied.