PRINCIPAL S D COLLEGE Vs. REETIKA MANHAS

JUDGEMENT

(1.) -THIS appeal has been directed by opposite party No. 1 against order dated 13. 4. 2007 passed by Consumer Disputes Redressal Forum-I, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), whereby complaint of Reetika Manhas-respondent No. 1 was accepted with costs of Rs. 2100 and the appellant was directed to refund fee of Rs. 39715 after deducting tuition fee for the month of July, 2006 only, to the respondent No. 1 (complainant ).

(2.) BRIEFLY stated the facts are that Ms. Reetika Manhas, respondent No. 1 (complainant) appeared in the entrance test for admission in M. Sc. Biotechnology conducted by Punjab University i. e. OCET-2006 with roll No. 507394. As per result card, she got 5th rank having 46. 75 marks out of 100 total marks. As per her ranking, she was eligible to apply either to DAV college, Sector-10 or S. D. College Sector-32,chandigarh. However, she purchased the prospectus of S. D. college and applied for admission in the said college in M. Sc. Biotechnology and deposited the admission fee on the first day of admission i. e. 3. 7. 2006 as per influence exerted by S. D. College to deposit fee immediately. The schedule of admission was from 3rd to 10th July as per prospectus. She had deposited Rs. 39,715 under the influence of college authorities assuming that she would not get seat in Punjab University, Chandigarh but later on, on 15. 7. 2006 the department of Bio-technology , Punjab University circulated merit list of eligible candidates of general category for admission to M. Sc. Part-I which showed her rank as number-2 and, therefore, she became eligible for admission to Punjab University which was better option. She immediately approached appellant on 5. 7. 2006 for refund of fee but the Principal was busy in taking interviews and refused to meet her and her father, so, they met the head of the department of Biotechnology Jasveen Dua and also Dr. Naveet Batra but they did not take any action on her request and then she approached principal and submitted a detailed letter for refund of dues but he refused to refund the fee on the ground that she had given declaration that she would not claim refund in case she left the college.

(3.) ALLEGING deficiency in service, the complaint was filed.