DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 43 OF 2019
DATE OF FILING: 15.03.2019 DATE OF JUDGEMENT: 23.09.2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad
Member : Jagadish Chandra Barman
COMPLAINANT : Biswapati Munian, S/O – Late Sweath Chandra Munian, Aged about 55 years, Indian inhabitant residing at Village – Dinabandhapur, P.O. – Rampur, P.S. – Nandigram, Dist. – Purba Medinipur, Pin code - 731631.
O.P/O.Ps : 1. The Registrar of Netaji Subhas Engineering College (B-TECH), Techno City, Garia, Kolkata – 700152.
2. The Principal of Netaji Subhas Engineering College (B-TECH), Techno City, Garia, Kolkata – 700152.
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JUDGMENT
Sri Ananta Kumar Kapri, President
Facts leading to the filing of the instant case by the complainant may be epitomized as follows.
The complainant got his son admitted to the institute of O.P. nos. 1 and 2 i.e. Netaji Subhas Engineering College (N.S.E.C) in academic year 2018-19 to B.Tech course. During admission he paid Rs. 79,250/- to the institute in different phases. Thereafter, the son of the complainant left the institute and the complainant prayed for refund of entire fee i.e. Rs. 79,250/- to him. But, the college authority turned down the prayer of the complainant and such refusal on the part of the college authority has led the complainant to file the instant case alleging deficiency in service and praying for refund of the fee deposited by him with the institute and also for payment of compensation etc. Hence, this case.
The O.P. institute has filed W/V wherein it is contended that education is not a commodity and therefore the instant case is not maintainable in law. According to the O.P.s, the complainant is not entitled to get the refund of money as prayed for. There is no deficiency in service on their part and therefore the instant case should be dismissed in limini with cost.
Upon the averments of the parties, the following points are formulated for consideration.
POINTS FOR CONSIDERATION
- Are the O.P.s guilty of deficiency in service as alleged by the complainant?
- Is the complainant entitled to get relief or reliefs as prayed for?
EVIDENCE OF THE PARTIES
Petition of complaint is treated as evidence of him vide his petition dated 25.06.2019. Evidence on affidavit is filed by the O.P.s and the same is kept in record after consideration.
DECISION WITH REASONS
Point no. 1 and 2 :
Already heard the submissions of Ld. Lawyers appearing for the parties. Perused the petition of complaint, W/V and also the document filed on record on behalf of the parties. Considered all these.
Now to see whether the complainant is entitled to get refund of the fee deposited by him with the O.P. institute. It is not in dispute that the complainant deposited Rs. 79,250/- with the O.P. institute during his admission to the institute in B.Tech course. According to the complainant, he decided to discontinue his study and his decision was intimated to the O.P. institute by letter dated 09.09.2018 which was received by the institute on 11.09.2018. A copy of this letter has been filed on record by the complainant. The complainant has also filed on record the students’ copy of payment receipt issued by the O.P. institute. From this copy, it stands proved that the complainant was admitted to the institute on 04.09.2018 in academic session 2018-19 in 3 years B.Tech (lateral) course. On perusal of the letter dated 09.09.2018 of the complainant, which was received by the O.P. institute on 11.09.2018, it stands proved that complainant intimated the O.P.s his decision to discontinue his study in O.P. institute on 09.09.2018 i.e. only 5 days after his admission. These facts are found established on record. It has not been denied by the O.P. institute that the complainant paid Rs. 79,250/- as fee to the institute. All these facts go a long way to demonstrate that the complainant left the college before the starting of the course. The O.P.s do never say in W/V that the son of the complainant attended the course in the institute.
It is to be seen now whether the complainant is entitled to refund of the fees paid by him to the O.P. institute in the circumstances when he has left the college before starting of the course. To find answer to this question, we must take into our consideration one public notice issued by All India Council For Technical Education (AICTE), a xerox copy of which is filed on record by the complainant. The relevant portion of the said public notice is quoted as hereunder.
AICTE REFUND POLICY
“In the event of a student / candidate withdrawing before the starting of the course, the entire fee collected from the student after a deduction of the processing fee of not more than Rs. 1,000/- (Rupees One thousand only) shall be refunded/returned by the Institution. It would not be permissible for Institutions to retain the School/Institution Leaving Certificates in original. If a student leaves after joining the course and if the vacated seat is consequently filled by another student by the last date of admission, the Institution must refund the fee collected after a deduction of the processing fee of not more than Rs. 1,000/- (Rupees One thousand only) and proportionate deductions of monthly fee and proportionate hostel rent, where applicable. In case the vacated seat is not filled, the Institution should refund the security deposit and return the original documents. Institution should not demand fee for the subsequent years from the students cancelling their admission at any point of time. Fee refund along with the return of Certificates should be completed within 7 days.”
In view of the above circular of AICTE, the complainant is found entitled to get refund of entire fee deposited by him with the O.P. college, subject to maximum deduction of Rs. 1,000/- only as processing fee. It has already been pointed out that the complainant has left this college before the starting of the course. There is no evidence in W/V to the effect that the complainant did not leave the college before the starting of the course. The documents filed on record overwhelmingly established that the son of the complainant left the college before the starting of course and therefore the complainant is entitled to get refund of entire fee deposited by him with the college subjected to deduction of maximum amount of Rs. 1,000/- only. The complainant has prayed for refund of such fee; he has also submitted application before the college authority i.e. the O.P.s. But the O.P.s have not released the said money to the complainant and it appears that the college authority cares a fig for the circular of AICTE. To defy the circular of AICTE and deliberate inability to act in compliance with the circular of AICTE are nothing but gross deficiency in service on the part of the O.P.s and this negligent act of the O.P.s has certainly been a source of harassment and mental agony to the complainant. The complainant is therefore entitled to get relief which is granted as hereunder.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed on contest against the O.P.s with a cost of Rs. 10,000/-. O.P. nos. 1 and 2 are directed to refund Rs. 78,250/- to the complainant within a month of this order failing which they will have to refund the said amount with interest at the rate of 10% p.a. from the date of receipt till the date of full realization thereof and also have to pay an amount of Rs. 10,000/- as compensation for causing harassment and mental agony to the complainant with interest at the rate of 10% p.a. upon compensation amount till full realization thereof.
Register-in-charge is directed to supply a free certified copy of this judgment atonce to the parties concerned.
I/We agree Member Member President
Directed and corrected by me
President
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