PRINCIPAL, HIMACHAL DENTAL COLLEGE Vs. PREETI CHOWDHARY

JUDGEMENT

(1.) This appeal is against the order of the teamed District Forum, Mandi, dated 13.8.2003, as a result of which the appellant has been directed to refund the tuition fees of Rs. 9,200/ - to the respondent with interest of 9% per annum from the date of deposit and to pay Rs. 2,000/ - as compensatory damages cum costs to her.

(2.) The case of the respondent as complainant is that she obtained admission in the Himachal Dental College, Sundernagar, District Mandi, in the first year and was made to deposit a sum of Rs. 13,010/ -as tuition fees etc. although in the prospectus for the combined Pre -Medical Entrance Test under Note No. 1, page 19, it was provided that girl students are not required to pay fee. On this condition being pointed out to the Principal of the said College, he assured her that the above mentioned amount would be refunded. Ultimately, only the amount of security was refunded but not the balance amount, notwithstanding the fact that she had neither attended any class during her stay of two days there, nor made use of the library books. This was because meanwhile she had got admission in MBBS Course prescribed by the Himachal Pradesh University in a recognised College and had to pay fresh tuition fees for that course. Hence, the complaint.

(3.) In the reply, it was stated on behalf of the appellant that the amount of Rs. 13,010/ - deposited by way of tuition fee etc. by the respondent was not liable to be refunded inasmuch as the clause in the prospectus pertaining to non -payment of fees by girl students is applicable to the Government Dental College, Sundernagar is. It was also stated that under prospectus of admission to Dental Colleges issued by the Himachal Pradesh University there is a clear provision that fees once deposited were not refundable. It was further stated that the respondent had herself filed an affidavit to the effect that she will not be entitled to refund to fees by the college authorities in case she leaves the course midstream.