State Consumer Disputes Redressal Commission
Chairman, Miet Bhubaneswar. vs Smruti Ranjan Parida, on 10 March, 2023
STATE CONSUMER DISPUTES REDRESSALCOMMISSION,ODISHA,CUTTACK
FIRST APPEAL NO. 151 OF 2010
(From an order dated 16.11.2009 passed by the District
Consumer Forum, Khurda at Bhubaneswar in C.D. Case No.
310 of 2008)
1. Chairman, Mahavir Institute of Engineering
andTechnology,Bhubaneswar
2. Principal, MahavirInstitute of Engineering
and Technology,Bhubaneswar,
Both are at Mahavir Nagar, Po - Palaspur,
Via - Jaanla, Dist - Khurda
... Appellants
Vrs.
1. SmrutiRanjan Panda,
S/o Ratnakar Panda,
Express Way Colony,
At/Po - Balichandrapur,
Dist - Jajpur
2. Principal Secretary to Govt.,
Department of Industries, Bhubaneswar,
At/Po/Ps - Bhubaneswar,
Dist - Khurda
3. Registrar, Biju Pattnaik University of Technology,
Bhubaneswar (Ganda Munda), Dist - Khurda
... Respondents
____________
For the appellants: M/s J.K.Khuntia& Associates
For respondentNo.1:M/s K.K.Kar& Associates
For respondent Nos.2& 3: None
_____________
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P R E S E N T:
HON'BLE DR. JUSTICE D.P.CHOUDHURY, PRESIDENT,
DR.P.K.PRUSTY, MEMBER
AND
MISS S.L.PATTNAIK, MEMBER
DATED THE 10th MARCH, 2023
ORDER
MISS S.L.PATTNAIK, MEMBER Heard learned counsel for both the parties.
2. Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the 'Act'). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.
3. The brief fact of the case is that, the complainant took admission on 05.07.2007 in the institute of O.Ps no.1 and 2 in the Trade of IT in first round of counselling after qualifying in the Joint Entrance Examination ,conducted by JEE,Orisaa. He deposited Rs.53,500/- and Rs.13,000/- towards college admission and hostel admission fees respectively. It is stated by the complainant that he participated in the 2nd round of 3 counselling conducted by JEE and opted for a seat in the computer science trade in GITA,Bhubaneswar. After selection he took admission in GITA and his payment of Rs.16,500/- earlier paid to O.P no.4 was adjusted for his 2nd admission in GITA. He therefore requested the O.p.no.1 to refund his fees amounting to Rs.53,500/- and Rs.13,000/- on dated 01.08.2007 and on 10.08.2007 deposited with him. But the O.p.no.1 and 2 did not refund the aforesaid fees. Hence this complaint.
4. The O.P.no.1 and 2 filed their written version and submitted that this case is not maintainable as the Educational Institution is not coming under the purview of C.P.Act,1986. The O.ps further submitted that the complainant took admission in the trade of IT and paid Rs.16,200/- to O.P.no.4 and paid the required college admission fees as well as hostel fees for the session 2007-08.Thereafter, he left the institute of O.P.no.1 and 2 and joined GITA, Bhubaneswar without giving intimation to the O.Ps. So the said seat was vacant for which this institution incurred loss. So the complainant is not entitled 4 to get any refund of fees. Hence prayed to dismiss the complaint.
5. The O.P.no.3 and 4 filed their written version and averred that, the complainant took admission in O.p.no.1 and Institute after being selected in the first round of counselling and paid the requisites fees. But the complainant agreed after selection in 2nd round counselling took admission in GITA.His earlier payment amounting to Rs.16,200/- to the O.p.no.4 has been adjusted in the 2nd round admission. Therefore, O.P.no.3 and 4 are not liable for any deficiency in service. Hence prayed to dismiss the complaint.
6. After hearing both the parties, the Dist.Forum has passed the following order:-
xxxxxxxxx "In the result, the case of the complaint is hereby allowed on contest against the O.p.no.1 and 2 and dismissed exparte against the O.ps.no.3 and 4. The O.Ps.no.1 and 2 are hereby directed to refund Rs.66,500/- taken from the complainant towards 5 college and hostel admission fees. The compensation for mental agony is assessed at Rs.20,000/- and litigation cost is assessed at Rs.2,000/- payable by the o.ps no.1 and 2 to the complainant. The order be complied within a period of one month from the date of communication of this order, failing which the complainant is at liberty to execute the same against the O.ps no.1 and 2 in accordance with law".
7. The learned counsel for the appellant submitted that, the impugned order is illegal, arbitrary and contrary to the materials on record. The appellant further submitted that without intimating the appellant, the respondent no.1/ complainant has left the institution and took admission in other institution. The respondent no.1/ complainant is not entitled to get any refund as per the circular issued by the State Govt. as well as by the BPUT University. The complainant has not taken any permission from the appellant college to take part in the 2nd counselling. Hence prayed to set aside the impugned order.
8. The learned counsel for the respondent no.1 submitted that ,the complainant has paid requisite fees during admission 6 in the institute of O.ps.1 and 2 . After 2nd round counselling, he took admission in GITA and his earlier payment of Rs.16,500/- paid to O.p.no.4 was adjusted to for his 2nd admission in GITA. Inspite of several approach to the O.p.no.1 and 2 , they did not refund the fees of Rs.53,500/- and Rs.13,000/- . So the impugned order passed by the learned District Forum is correct and legal.
9. Considered the submission of both the parties. Perused the DFR and impugned order. The onus lies on the complainant to prove his case.
10. It is admitted fact that, the complainant took admission in the institute O.p.no.1 and 2 in I.T trade after selected in 1st round of counselling in the year 2007-08.it is also admitted fact that the complainant took admission by paying Rs.53,500/- towards Admission fees and Rs.13,000/- towards hostel fees . In this regard the complainant has filed copies of receipt showing payment of Rs.53,500/- on dated 01.08.2007 towards admission into B. Tech course (IT) vide Registration 7 No.0701259087 for the session 2007-08 out of which he has paid Rs.43,500/- towards tuition fees on 31.07.07 and transportation fees Rs.10,000/- . The money receipt dated 10.08.2007 shows that, the complainant has paid Rs.13,000/- for hostel fees during the session 2007-08 to O.P.nos.1 and 2.
11. The copy of letter dated 06.10.2007 vide notification on I.T.T.181/07.15180/1 of Govt of Orissa, Deptt of Industries clearly explain clause (iii and( iv) are as follows:
Clause (iii) : to invite expression of intention from the students who have already taken admission in professional and technical colleges to re-enter counselling ,if they wish and to furnish all details including JEE rank etc . Clause iv : to compile fresh list of candidates available to be called for counselling based on JEE rank in order of merit. This shall be compiled based on the intention expressed by those students who may have already taken admission to re-enter counselling and list of students who have not been offered any seat(s) in the first counselling .8
12. So , as per clause-(iii) and (iv), the complainant re-entered in second round of counselling to seek a seat of the choice in better college and he was eligible and took admission in GITA, Bhubaneswar in computer science and engineering. 13 .The copy of letter dated 29th August 2007 of Govt.of Orissa Industries Deptt., clause( iii) speaks "migration of a student from one discipline to another in the same college or form one college to another in any discipline through JEE/ AIEEE/ NRI routes is allowed by exercising the freedom to seek a seat of choice end to select the best course, he / she can get under any of the aforesaid three quotas".
14.The copies of guide lines for migration and adjustment of fees clearly explained in clause-2 and 3 which is as follows:
Clause 2 :
under the condition defines under(1) above, the fees paid by a student in one college should be adjusted after allowing certain non-refundable expenses incurred by a college( 9 e.gdress/ blazer expenses, identity card / library card expenses and establishment charges etc) .The colleges may deduct 10% ( at a flat rate ) of the fees towards handling charges for dealing with adjustment.
Clause -3 :
The student seeking refund shall be asked to submit an application specifying reasons to leave a college and the college may then take an appropriate decision keeping the guidelines explained above .
15. It is admitted fact that after admission in GITA ,Bhubaneswar the earlier payment of Rs.16,500/- was adjusted by O.p.no.4 at the time of admission. The main point for consideration in the instant case is that whether the complainant is entitled for Rs.66,500/- from O.P.no.1 and 2 which he had paid in first admission in their institution ? The O.p.no.1 and 2 filed a copy of letter dated 17.10.2007 regarding vacancy position of 1st year B. Tech course, which shows that one seat was vacant in I.T branch for the session 2007-08. The 10 O.p.no.1 and 2 alleged that without intimating the O.ps the complainant took admission in other institution for which one seat was vacant and their institution incurred loss. But the News Paper cutting of daily Samajdt. 19.09.2007 shows that, the chairman of JEE orissa has given an advertisement for 2nd phase of counselling -cum-Admission for vacant seats in Engineering program and the complainant re-entered the 2nd round of counselling vide above letter dt. 06.10.2007 I.T.T.181/07.15180/1 of Govt. of Orissa, deptt. Of Industries .So,O.P.scannot assert that, without their knowledge ,the complainant took admission in another institution after selected in 2nd round of counselling .
16. The letter no.11482(110) dated 24.07.2007 of Directorate of Technical Education & Training, Orissa, Cuttack shows that, he has issued a AICTE Guidelines regarding refund of fees and other student related issues. The letter dated 16.04.2007 of F.No.37-3/legal/2007 shows that instructions were issued to the Technical Institution, university regarding matters 11 concerning charging of fees, refund of fees and other student related issues, where it is mentioned that :-
In the event of a student /candidate withdrawing before the starting of the course the wait listed candidates should be given admissions against the vacant seat. The entire fee collection from the student, after a deduction of the processing fee of not more than Rs.1,000/- shall be refunded and returned by the Institution/ University to the student leave after joining the course and if the seat consequently failing vacant has been filed by another candidates by the last date of admission. The institution must return the fee collected with proportionate deducting of monthly fee and proportionate hostel rent where applicable."
17. The letter dated 29.10.2007 and 13.12.2007 show that, the complainant sent letter to O.P.no.1 through registered post with A.D to refund the admission and hostel fees for Rs.66,500/- because he had taken admission in GITA,Bhubaneswar on dated 16.10.07.
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18. From the above discussion, we are of the view that as per AICTE( All India Counsel for Technical Education, New Delhi) guidelines regarding refund of fees and other student related issues and Govt. of Orissa notification as discussed above, non- refund of admission fees and hostel charges amounts to deficiency in service on the part of OP Nos. 1 and 2 duly proved by complainant. So, impugned order is confirmed. We do not find any merit in the appeal. But we modify the operative portion of impugned order by directing O.Pnos. 1 and 2 to refund the entire amount of Rs 66,500/- after deduct of Rs.1,000/- only to the complainant as per guidelines and State Govt. Circulars as discussed above within a period of 45 days from today failing which it would carry interest @7% per annum payable from the date of impugned order till date of payment. Rest part of the impugned order remains unaltered. Hence, appeal being devoid of merit stands dismissed. No cost.
DFR be sent back forthwith.
13Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.
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(Dr.D.P.Choudhury J) President .....................
(Dr.P.K.Prusty) Member .............................
(Miss S.L.Pattnaik) Member Date: 10.3.2023 Cuttack