GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY Vs. DISHA JAIN

JUDGEMENT

(1.) THE facts of the case are that the complainant Disha Jain, after qualifying entrance test(CET 2007), appeared for second counseling on 27.7.07. She was given provisional admission in Bharti Vidhyapeeth Institute of Computer Application and Management(BVICAM). She deposited by a Demand Draft Rs. 58,000/ - towards the Admission Fee and the course was commence from 1.8.2007 with the OP University. Subsequently, she got admission call, from Institute of Informatics and Communication, in Delhi University. The complainant asked the Institute on 30.7.2007 to stop processing her candidature, and asked the OP to refund her full fees. Her allegation is that on 24.7.07 when her second counseling took place, and she deposited the fees, was also the date for applying for cancellation of admission with full refund of the fees by the university, but since her counseling took place on 24.7.07, she was not given any time to apply for cancellation of her admission and for seeking refund of fee. Since the OP did not accede to her request, she filed a complaint before the District Consumer Forum seeking a refund of fees of Rs. 58,000/ - as also compensation.

(2.) THE OP opposed the claim, and filed a written statement, and alleged that the Admission Brochure provided to the candidates clearly mentions that a candidate taking admission in second counseling will not be entitled to withdraw the admission in case he or she drops out after taking admission in the second counseling and his/her fee will be forfeited. It is also submitted in the Brochure that a candidate who gets admission in first counseling if applies for cancellation of admission and refund of fee after cut off date given in the Brochure will not be entitled to refund and his fee will be forfeited. The OP alleged that the prospectus clearly provides that in case the written request is received from the candidate duly countersigned by the parents before the cut off date and the time mentioned in clause 12.5 of the prospectus, the admission will be cancelled, and the candidate will be entitled to refund of the fee after deduction of Rupees ten thousand. The OP further alleged, besides this condition in Clause 10.07 of the Admission Brochure, it is clearly noted that the candidates are advised in public interest, to take the admission in the second counseling in which he or she intends to pursue the programme, and the candidate is not entitled for refund of fee, in case he or she drops out and the full fee will be forfeited. The OP s further case is that the seat of the complainant was not filled up, as there being no provision of filling up the seat. after second counseling.

(3.) THE District Consumer Forum on consideration of evidence of both the parties decreed the claim of the complainant holding the OP deficient in service, and directed the OP to refund the fees of the complainant, after debiting normal administrative charges(Rs. 10,000), and also to pay her a compensation of Rs. 3,000/ - plus litigation costs Rs.2,000/ -