State Consumer Disputes Redressal Commission
Nipun Nagar vs Symbiosis Institute Of International ... on 26 November, 2007
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI FIRST APPEAL NO. 1204 OF 2007 Date of filing : 27/09/2007 @ MISC. APPL. NO. 1632 OF 2007 Date of order : 26/11/2007 IN CONSUMER COMPLAINT NO. 04 OF 2006 ADDL. DISTRICT CONSUMER FORUM : PUNE Nipun Nagar S/o. Shri M.G. Nagar R/o. 310, Dariba Kalan, Delhi-110006. Appellant/org. complainant V/s. Symbiosis Institute of International Business (SIIB) Thru its Director Symbiosis Info Tech Campus, Plot No.15, Rajiv Gandhi Infotech Park, MIDC, Hinjewadi, Pune. Respondent/org. O.P. Corum : Justice Mr.B.B. Vagyani, Honble President Smt. S.P. Lale, Honble Member
Present: Mr.Amit Verma, Representative of the appellant.
- : ORAL ORDER :-
Per Justice Mr. B.B. Vagyani, Honble President This appeal filed by the org. complainant in consumer complaint No.04/2206 is directed against the dismissal order dated 10/08/2007 passed by Addl. District Consumer Forum Pune.
We heard Mr.Amit Verma, Representative of the appellant.
In the delay condonation application, appellant has stated therein that there is delay of 17 days in filing appeal. The Forum below pronounced the order on 10/08/2007. Copy was received by the appellant on 29/08/2007. The appeal is filed on 27/09/2007. The appeal is filed within 30 days from the date of receipt of the order. Prima-facie there is no delay. Delay condoned if any as it is not deliberate and intentional.
We examined the correctness of the judgement in the light of terms and conditions of the contract. The prospectus was placed on record before the Forum below. The rule with regard to refund of fees is provided in the Prospectus, which runs as under :-
Students granted admission after 18th April 2005 will not be eligible for refund (except caution money) in case they cancel their admission.
As per terms and conditions of the Prospectus, a student is not eligible for refund of fees except caution money in case of cancellation of admission. The Forum below has rightly interpreted the clause in the Prospectus and dismissed the complaint. The Forum below has relied upon two decisions of the National Commission :-
(i) I (1996) CPJ 37 (NC) Homeopathic Medical College and Hospital, Chandigarh V/s. Miss Gunita Virk
(ii) III (2000) CPJ 457 Chakradhar Smwal V/s. Navjot singh Waraich & Anr.
The Consumer Forums are quasi-judicial Forums. The cases are decided in summary manner. Therefore, Consumer Forum has no jurisdiction to decide validity of particular clause in the Prospectus. The dismissal order therefore does not suffer from any illegality. No interference is called. In the result, we pass the following order :-
-: ORDER :-
1.
Appeal stands dismissed.
2. No order as to costs
3. Misc. Appl. No.1632/2007 stands disposed of.
4. Copies of the order be furnished to the parties.
(S. P. Lale) (B.B. Vagyani) Member President dd.