IDEAL INSTITUTE OF TECHNOLOGY Vs. ANKIT KUMAR

JUDGEMENT

(1.) HEARD learned Counsel for both the parties and perused the record. The judgment dated 28.11.2007 passed by the District Consumer Forum, Ghaziabad has been subjected to criticism by way of filing this appeal.

(2.) THE respondent/ complainant Sri Ankit Kumar took admission in the Electronics and Communication course of Business Management in the appellant Institute, known as IIT - Ideal Institute of Technology, Govindpuram, Ghaziabad in the year 2003 and as per terms of the admission deposited a sum of Rs 40,000 on 24.7.2003. Barely four days after, the respondent informed the Registrar of the Institute that he had succeeded in getting admission elsewhere, as a consequence he requested for refund of the entire amount he had deposited while seeking admission. The Institute partly allowed his request and directed for refund of the security amount of Rs. 5,000. The balance amount of Rs 35,000 was forfeited and the respondent was informed accordingly. The complainant filed his complaint with the allegation that since he had taken admission under the Management quota, the seat vacated by him did not remain vacant until the end of the academic session, rather it was filled by providing admission to another student. The appellant reiterated its right to forfeit the amount of Rs. 35,000 and while doing so relied upon the terms and conditions of the brochure. The plea of the Institute did not find favour with the District Consumer Forum. On having scanned the pleadings and evidence of the parties, the Forum below allowed the complaint of the respondent and issued a direction to the appellant to refund the amount of Rs. 35,000 along with interest at the rate of Rs 7% per annum. Further an instruction was issued to make the payment good within 45 days.

(3.) FEELING aggrieved of the said judgment and order, the Institute has come up in appeal reiterating its authority under the brochure to forfeit the tuition fee deposited by the respondent.