MANDSAUR INSTITUTE OF TECHNOLOGY Vs. AKSHAT

JUDGEMENT

(1.) THIS appeal is by opposite parties who have been directed by the Forum below to refund to respondent-complainant Rs. 1,07,390 with interest @ 8% p. a. from 27. 8. 2004 and pay Rs. 500 as cost of litigation.

(2.) FACTS of the case are more or less admitted between the parties. Appellant No. 2-Society runs an Engineering College-Mandsaur Institute of Technology (MIT)-the appellant No. 1 herein, at Mandsaur. Respondent took admission in appellant No. 1-Institution in Four Years' B. E. Mechanical Course in July 2003. In July 2004 he was promoted to second year. However in the meantime, he had applied for transfer and admission in Second Year B. E. in another Institution namely Institute of Engineering and Technology, Indore. Intimation for his admission to the said institute was received by him on 20. 8. 2004 whereupon he applied for NOC/leaving Certificate from the appellant-Institution. However, the appellant insisted for payment of the entire fees for the remaining two years i. e. third year and fourth year amounting to Rs. 71,160, besides registration fee Rs. 650. It was only on his depositing the fees as aforesaid that the appellants granted NOC to him. He approached the Forum below claiming refund of the entire fees charged from him in July and August 2004 by the appellants. The complaint was resisted by the appellants mainly on the ground that appellant-Institution was entitled to charge the fees for the entire course even if a student leaves the Institution in midstream as according to the appellants the seat would remain vacant for the remaining period of the course causing financial loss to the Institution. The Forum below over-ruled the contention of the appellants and passed order for refund of the fees with interest as aforesaid.

(3.) WE have heard Mr. V. K. Jain, learned Counsel for appellants and Mr. Sushil Goswami, learned Counsel for respondent.