CHAIRMAN, ANUPAMA COLLEGE OF ENGINEERING Vs. RAM NIWAS

JUDGEMENT

(1.) REVISION Petition No. 894 of 2013 has been filed by the petitioner/opposite party against the order dated 5.12.2012, passed by Haryana State Consumer Disputes Redressal Commission, Chandigarh (short, "State Commission") in First Appeal No. 1329 of 2012.

(2.) Brief facts of the case as per respondent/complainant are that Ms.Deepika, daughter of the respondent after clearing AIEEE test took provisional admission in the college of the petitioner/opposite party with the assurance to the respondent that the admission could be withdrawn at any time and the fees paid by him would be refundable in case the student was not interested to continue. Since there was no security, proper infrastructure or basic amenities in the college and transport facility was also poor, the respondent withdrew his daughter from the college of the petitioner. The respondent had paid Rs. 20,000/ - in cash towards admission charges and a sum of Rs. 59,000/ - was paid by cheque besides a sum of Rs. 18,000/ - on account of transport charges. On request made by the respondent, a sum of Rs. 19,000/ - had been refunded to him by the Haryana State Counseling Society, Panchkula and a sum of Rs. 18,000/ - charged towards transport charges was not refunded to him by the petitioner. A legal notice was also issued by the respondent on 19.10.2009 for refund of the amount paid by him, to the petitioner/opposite party.

(3.) PETITIONER /opposite party in their reply before the District Forum had admitted para 1 and 2 of the complaint being matter of record whereas all the allegations levelled in para 3 to 9 were denied. The admission given to the daughter of the complainant was not a provisional one and no assurance for refund of the fees was given in case of non - pursuing the college of the opposite party. The allegations regarding security, basic amenities and transport were also denied. The service of legal notice upon him was also denied by the opposite party. The opposite party had prayed for dismissal of the complaint with special costs.