SAI CORRESPONDENCE COLLEGE Vs. HARIKRISHNA D.

JUDGEMENT

(1.) Petitioner was the opposite party before the District Forum, where the respondent/complainant had filed a complaint alleging deficiency in service.

(2.) Brief facts of the case are that the complainant desirous of taking a degree of B.Ed., contacted the petitioner who are engaged in the business of providing Correspondence Courses. For the year 1996, the complainant could not get admission in Annamalai University as they debarred all the external candidates. Vide letter dated 7.11.1996, the petitioner intimated the complainant that if he wishes to take up admission in B.Ed. course from Annamalai/Pondicherry University during 1997-98 he should come with the requisite certificates, five copies of photos and Rs. 4,300.00. This was complied with. But when no registration was forthcoming and the complainant cancelled his request and asked for refund of money deposited by him and when this was not forthcoming a complaint came to be filed before the District Forum, who after hearing the parties, allowed the complaint and directed the petitioner to refund Rs. 4,300.00 along with interest plus cost of Rs. 1,000.00 An appeal filed by the State Commission was dismissed hence the Revision Petition.

(3.) We have gone through the material on record and heard the learned Counsel for the petitioner. There is no disputing the fact that petitioner did receive Rs. 4,300.00 from the complainant which is on record. It is also an admitted position that he had sought B.Ed. correspondence course through the petitioner, as also the fact that till mid April 1997 no registration was forthcoming from the University. The case of the petitioner is that for any delay or fault of the University they cannot be penalised as also that this Rs. 4,300.00 was admission fee which was 'non-refundable' as per the documents on record.