ANDHRA UNIVERSITY Vs. JANJANAM JAGEDEESH

JUDGEMENT

(1.) Aggrieved by the order of A. P. State Consumer Disputes Redressal Commission, Hyderabad (for short State Commission) dated 25.3.2009, the opposite parties before the District Consumer Disputes Redressal Forum, Ongole (for short District Forum) have filed this revision petition before us.

(2.) Facts of the case in brief are that on the basis of his performance in the entrance examination conducted by Andhra University and consequent to the counseling held for admission into various disciplines ; the respondent/complainant, as per his choice was given admission in M. Sc. , Animal Biotechnology in the College of Science and Technology, Vishakhapatnam, Petitioner/opposite party No.2 an affiliate College of the University. The complainant paid a sum of Rs.40,600/- which was the fees for one academic year and got himself admitted on 30.6.2004. He had also deposited his original certificates with the petitioners/opposite parties. The complainant, it appears, had appeared in another entrance test conducted by National Dairy Institute at Hyderabad and on the basis of its result, he was offered admission into that institute. The offer, however, came to him only after he had deposited the admission fee and certificate etc. with the petitioners/opposite parties. Since, the complainant wanted to switch over to the latter institute, he approached the petitioners/opposite parties to not only release the original certificates but also refund the fees deposited by him. The opposite parties, however, asked for a payment of another sum of Rs.40,315/-, which was the amount of fees for the second year as a condition precedent for returning his original certificates. Finding no other way, the respondent/complainant paid the fees for the second year as well allegedly, under pressure and got back his certificates for admission into the National Dairy Institute at Hyderabad. Since, he had not availed any service in the form of attending the course in the petitioners institute, he filed a complaint before the District Forum seeking refund of total fees paid by him. The complaint, however, was resisted by the present petitioners on the ground that the complainant was asked to pay the total fees prescribed for two years under their rules and regulations. The opposite parties, however, had failed to file any evidence in support of their written statement. The District Forum, on consideration of the contentions raised by the parties, allowed the complaint and ordered the refund of the fees and in addition, awarded a compensation of Rs.20,000/-. Aggrieved thereupon, the present petitioners filed an appeal before the State Commission who vide the order under challenge, upheld the District Forums order with regard to the refund of the entire fee deposited but it reduced the award of compensation by 50% to Rs.10,000/- only.

(3.) Aggrieved once again that the opposite parties who are the petitioners herein, have filed this revision petition.