GLOBSYN BUSINESS SCHOOL Vs. MAYURI GHOSH

JUDGEMENT

(1.) THIS revision petition has been filed by the Petitioner against the impugned order dated 25.9.2012 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, 'the State Commission ') in S.C. Case No. FA/120/11 - Globsyn Business School Vs. Mayuri Ghosh by which, while upholding order of District Forum, quantum of refund was modified.

(2.) BRIEF facts of the case are that complainant/respondent applied for admission in P.G.P.M./P.G.P.I.B. programme at the institution of OP/petitioner on 24.2.2009. OP informed complainant about her selection and on 10.3.2009, complainant received offer letter for admission for the session 2009 -2011. On 8.4.2009, complainant sent cheque of Rs.35,000/ - towards admission fees for P.G.P.M. course. OP also intimated to the complainant that total course fees is Rs.5,35,000/ -. On 7.5.2009, the complainant being hard pressed for financial crisis, requested OP to refund Rs.35,000/ - deposited as admission fees and later on also requested to admission coordinator for refund of fees. OP refused to refund fees of the complainant. Alleging deficiency on the part of OP, filed complaint before the District Forum. OP contested complaint, filed written statement and submitted that admission fees was non -refundable, as per offer letter dated 10.3.2009 and complainant deposited fees after having knowledge of this condition. It was further revealed that out of 180 seats for this session, 165 seats were filled and 15 seats remained vacant. It was further submitted that Rs.1,41,667/ - was incurred as expenses by OP per candidate towards admission process and OP has already suffered loss of Rs.21,25,000/ -; hence, OP was not in a position to refund Rs.35,000/ - received as admission fees and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to refund Rs.35,000/ -. Appeal filed by the petitioner was dismissed by the learned State Commission vide impugned order, but reduced payment of Rs.35,000/ - by Rs.1,000/ - and directed petitioner to refund Rs.34,000/ - against which, this revision petition has been filed.

(3.) LEARNED Counsel for the petitioner submitted that as per offer letter, admission fees was non -refundable, even then, learned State Commission has committed error in dismissing appeal and affirming order of District Forum; hence, revision petition be allowed and impugned order be set aside and complaint be dismissed. On the other hand, learned Counsel for the respondent submitted that order passed by learned State Commission is in accordance with law, which does not call for any interference; hence, revision petition be dismissed.