// J U D G M E N T //

This is the complaint filed by a student against the college for recovery of security deposit, which was not refunded after leaving the college.  The brief facts of the complaint are as follows,

1]       The complainant has completed the course of MBA from the opponent college in Sept. 2010 and thereafter approached the college for refund of the security deposit of Rs. 10,000/-.  Even after lapse of months together, the security deposit was not refunded.   It is the case of the complainant that, the college used to impose penalty of Rs. 100/- per day, on delayed payment of any fee, hence the college should pay the interest at the same rate.   Since last two years the college has not refunded the security deposit, hence the complainant has prayed for granting compensation of Rs. 10,000/- along with interest.

2]      Opponent appeared and filed their say and stated that security deposit is refunded in time.  The form of refund was not submitted in time.  The clearance certificate was not given within time.  As security deposit is already refunded, the complainant is not entitled for interest, as claimed.  It is also contended that the security deposit is refunded by way of cheque dated 27/4/2012.  The opponent has prayed for dismissal of the complaint.

3]      After hearing arguments of both the sides and after perusal of documentary evidence, as well as affidavits, the following points arises for my determination.

4]      The points and reasons thereon are as follows,

POINTS                                             FINGNGS

I)        Whether complainant is entitled for the     :

Interest on Security Deposit?                     :         In the Affirmative

II)       Whether complainant is entitled for           :

Compensation?                                           :         In the Affirmative

III)      What order                                                  :         Complaint is

Partly Allowed

REASONS

5]      The complainant in person has argued the matter and attracted my attention to the factual matrix.  According to her, her course was completed in the month of Sept. 2010.  According to the complainant, she had applied for the refund of the security deposit in the month of July 2011 and the refund was given in the month of 27/4/2012.  The cheque is encashed by the complainant.  The complainant is the student and required to run from pillar to post for getting refund of the security deposit.  There is no fault of the complainant for getting the refund.  It appears from the record that, there is delay for refund of the deposit.  The delay is about 9 months.  Hence the complainant is entitled to get interest on the deposit amount of Rs. 10,000/- @ 9% p.a. from the date of filing the application till refund of security deposit.  The complainant is also entitled to get compensation for mental and physical loss of Rs. 2,000/- and cost of the complaint Rs. 1,000/-.  Considering the facts and the circumstances, we pass the following order.

** ORDER **

1.                 The complaint is partly allowed.

2.                 Opponent is directed to pay to the Complainant

interest on Security Deposit of amount of Rs. 10,000/-

@ 9% p.a. from the date of application till refund of

the Security Deposit, within six weeks from the date

of receipt of copy of this order by the opponent.

3.                 Opponent is also directed to pay to the Complainant

an amount of Rs. 2,000/- (Rs. Two Thousand only)

towards Compensation and an amount of Rs. 1,000/-

(Rs. One Thousand only) towards cost of the complaint,

within six weeks from the date of receipt of copy of this

order by the opponent

          4.       Copies of this order be sent to the parties free of cost.