PEC UNIVERSITY OF TECHNOLOGY Vs. SUNIL PATHANIA

JUDGEMENT

(1.) THIS appeal by opposite parties is directed against the order dated 16.4.2010 passed by District Consumer Forum -I, U.T. Chandigarh whereby complaint bearing No. 37 of 2010 of respondent/complainant was allowed with costs of Rs. 5,000 and appellants were directed to refund to the complainant the balance amount of Rs. 41,500 after deducting Rs. 1,000 as processing fee and other charges besides compensation of Rs. 25,000 for harassment, etc.

(2.) IN nutshell, the facts as set out in the complaint are that pursuant to his selection in M.E.Degree Course in O.P. College on 23.7.2009 complainant deposited a sum of Rs. 33,000 as fee of the college and Rs. 25,500 as fee of the hostel. Simultaneously he had applied for the same degree in the Indian Institute of Technology, Roorke and during counselling on 27.7.2009 he was also selected there, so he preferred to join that institute and, therefore, deposited necessary fee with IIT, Roorke on that very date. The complainant then requested O.Ps. to return his documents and refund the entire fee and after great persuasion O.P. College fetuned the documents and refunded only Rs.17,000. He wrote to O.P. College that since he had not attended any class and as such had not availed their services, so his balance fee of Rs.41,500 should also be refunded, but to no effect. Hence, alleging deficiency in service and unfair trade practice on the part of OPs, complainant filed complaint before the District Consumer Forum.

(3.) ON the other hand, the case of O.Ps. before the District Forum was that the complainant after getting admission in the said course on 23.7.2009 vacated his seat on 31.7.2009 whereas the last cut -off date for admission/operation of waiting list for admission to the M.E. Course was 24.7.2009 and accordingly after 31.7.2009 no admission against the seat vacated by the complainant could be made and, therefore, the seat remained vacant and no eligible student could be admitted after the cut -off date. It was pleaded that as per refund rules of the O.P. College as appeared at Page No. 11 of the admission brochure -AnnexureR -1, the complainant was entitled to refund of Rs. 17,000 only and not to 58,500 as he did not join the course and applied for cancellation of admission/refund only after the last cut off date for admission which was over on 24.7.2009. The refundable amount of Rs. 17,000 had been refunded to the complainant, so he was not entitled to the balance amount of Rs. 41,500. A prayer was made for dismissal of the complaint.