ABHILASHI EDUCATION SOCIETY & ANOTHER Vs. GEETA DEVI

JUDGEMENT

(1.) This appeal, under Section 15 of the Consumer Protection Act, 1986, has been filed by the opposite parties against the order dated 17.12.2013, of learned District Consumer Disputes Redressal Forum, Mandi, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, filed against them by respondent -Geeta Devi, has been allowed and they have been directed to refund an amount of Rs.34,000/ -, with interest at the rate of 9% per annum, from the date of complaint, to the date of its payment, and have also been directed to pay Rs.4000/ -, as compensation, and a sum of Rs.2,000/ - as costs.

(2.) Respondent -Geeta Devi, filed a complaint, under Section 12 of the Consumer Protection Act, 1986, against the appellants alleging that she had taken admission at an Educational Institution run by the appellants, on 19.07.2012, by depositing a sum of Rs.35,000/ -, against receipt, Annexure C -1, on informing the appellants that she was on the waiting list for admission in M.Sc. Botany (to which class she had taken admission with the appellants), and she was assured by the appellants that in case she got admission in the H.P. University, her fee of Rs.35,000/ - shall be refunded. She alleged that she was admitted to M.Sc. Botany in H.P. University on 31.07.2012, when she paid a sum of Rs.1,193/ -, against receipt No.071456 dated 31.07.2012. She alleged that on the very next day, i.e. 1st August, 2012, she informed the appellants about her admission to M.Sc. Botany in H.P. University and asked for refund, but the appellants, through letter dated 15.12.2012, refused to refund the entire amount of money, but refunded only a sum of Rs.1,000/ -. She, therefore, filed a complaint, seeking a direction to the appellants to refund the remaining amount of Rs.34,000/ - and also to pay damages and litigation expenses.

(3.) Appellants contested the complaint and pleaded that no assurance was held out to the respondent, nor did she inform that she was on the waiting list of H.P. University. It was denied that respondent informed about her admission, on 01.08.2012. It was stated that intimation was given by the respondent, through a letter received on 30th August, 2012, and by then, the last date for admissions had passed, with the result that the appellants could not admit any new student against the seat vacated by the respondent and, therefore, she was refunded only a sum of Rs.1,000/ -, in accordance with instructions contained in University Grants Commission notice dated 23.04.2007.