KAILASHCHANDRA BANSAL COLLAGE OF TECHNOLOGY Vs. DEEPIKA CHAUKSEY

JUDGEMENT

(1.) This Revision Petition has been filed by Kailashchandra Bansal Collage of Technology (hereinafter referred to as "the Petitioner Institute") under Sec. 21 (b) of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act") challanging the Order dtd. 7/5/2016, passed by the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal (herein after referred to as "the State Commission"), whereby the Appeal preferred by the Petitioner herein was dismissed and the order passed by the District Consumer Disputes Redressal Forum, Bhopal was upheld.

(2.) The facts giving rise to the present Revision Petition are that the Complainant/ Respondent herein got admission in MBA 2nd year in the Petitioner Institute and deposited a fee of Rs.32,300.00 on 3/10/2009. Thereafter, on 29/10/2009, she applied for withdrawal from the course citing that the course was very difficult. On 16/11/2009, her admission was cancelled. She also applied for refund of fees deposited by her, which was rejected by the Petitioner Institute. Feeling aggrieved, the Complainant/ Respondent herein has filed a Consumer Complaint before the District Forum seeking refund of the fees along with compensation and litigation cost.

(3.) The Complaint was resisted by the Petitioner Institute on the ground that as per the Orders of the State Government, in the Petitioner, the refund of fees was allowed only for students who had applied for cancellation of admission before 24/10/2019 and as the Complainant/ Respondent got her admission cancelled on 16/11/2009, the fees cannot be refunded to her.