State Consumer Disputes Redressal Commission
Sib Sankar Pal S/O. Late H.K. Pal vs Consortium Of Medical, Engineering And on 10 February, 2022
1 Appeal No.1007/2012
Date of Filing : 23.05.2012
Date of Disposal : 10.02.2022
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED THIS THE 10th DAY OF FEBRUARY 2022
PRESENT
HON'BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT
Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER
Mrs.M.DIVYASHREE : LADY MEMBER
APPEAL NO.1007/2012
1. Sib Sankar Pal
S/o Late H.K.Pal
Aged about 57 Years
2. Budhaditya Pal
S/o Sib Sankar Pal
Aged about 22 Years
Both are R/of Ganguly Apartment,
Flat-3C, 3rd Floor, 8,
Dr.Ashutosh Shastry Road,
Beliaghata, Kolkata 700010,
West Bengal State...Appellant/s
(By Sri.V.B.Siddaramaiah, Advocate)
Vs
1. Consortium of Medical, Engineering
and Dental Colleges of Karnataka,
No.37, 1st Floor, Ramanashree Chambers,
Lady Curzon Road, Bangalore 560001
Rep. by its Executive Secretary
(By Sri.Abhishek M Patil, Advocate)
2 Appeal No.1007/2012
2. Nitte Education Trust
(K.S.Hegde Medical Academy, Mangalore),
7th Floor, Ramabhavan Complex,
Kodialbail, Mangalore-575003.
Rep. by its Administrative Officer ..Respondent/s
ORDER
BY Mr. K.B.SANGANNANAVAR :Pri.Dist & Sessions Judge(r)- JUDICIAL MEMBER.
1. This is an appeal filed U/s.15 of CPA 1986 by Complainants.1 & 2/Appellants aggrieved by the order dtd.09.09.2011 passed in CC/17/2010 on the file of Bengaluru Urban District Forum.
2. The Commission examined the grounds of appeal, impugned order, appeal papers and heard the learned counsels.
3. Complainant.no.1 is father of Complainant.2. 2nd Complainant had succeeded in COMEDK UGET 2007 (Medical) exam and appeared for counselling held in the year 2007. He was allotted with medical seat in the OP.2/K.S.Hegde Medical Academy. Accordingly, Rs.3,25,000/- was deposited by way of DD dtd.20.06.2007 with OP.1. OP.1 issued seat allotment letter dtd.22.06.2007 with a direction to get admission on or before 20.07.2007. It was the case of the Complainant that, Complainant.no.2 was suffering from high fever from 08.07.2007 to 09.08.2007. In view of his ailment, he was unable 3 Appeal No.1007/2012 to come personally to get admitted to OP.2 college. Complainant.no.1 had requested to get his son admitted to OP.2 college in his absence as he is ready to complete all the formalities, but OP.2 refused to give permission to admit in the absence of Complainant.no.2. In such circumstances, requested for refund of deposited amount of Rs.3,25,000/- through letter dtd.04.10.2007 and OP.2 issued reply to approach OP.1, since OP.1 has not forwarded the fees to the OP.2. In this regard, Complainants approached OP.1 for refund which was turned down on the ground that Complainant.2 had selected the seat in the first round of counselling conducted on 22.06.2007 and has not surrendered the seat within the time stipulated as on 11.07.2007. Hence, forfeited cent percent of the fee paid and he is not entitled for any refund. In this regard, consumer complaint was raised.
4. The Forum below held an enquiry, thereby recorded negative findings on rendering deficiency in service on the part of Ops, as a result, dismissed the complaint which is now in this appeal contending that Complainant.no.2 was suffering from Typhoid fever from 08.07.2007 to 09.08.2007, in view of severe illness, he was unable to come personally and get admitted to OP.2 college. In such circumstances, Complainant.no.1 requested 4 Appeal No.1007/2012 OP.2 to get his son admitted in his absence as he was ready to complete all the formalities but was turned down to give admission. It is found from enquiry, OP.2 has not received any fee from OP.1 and to that effect OP.2 issued reply letter dtd.23.10.2007 to approach OP.1. It is also found from enquiry that he had approached along with letter dtd.02.02.2008 with another medical certificate dtd.25.01.2008 issued by Dr.S.K.Saha with whom Complainant.no.2 was treated certifying that Complainant.no.2 underwent Domiciliary treatment was not considered by the Forum below. It is also found from enquiry OP.1 had issued a reply on 21.07.2009 stating that request of Complainant.no.1 will be placed before Advisory Committee, but they failed to refund fee deposited by the Complainants.
5. Learned counsel for the Appellant submits OP.1 has not given any details or specifications that who is the next meritorious candidate lost an opportunity to admit in his place and submits that OP.2 had not lost any revenue because in session 2007 there is no vacancy left in the college. In such circumstances, forfeiture of entire fee paid by the Complainants has to be held unjust. The Forum below failed to ascertain from OP.2 that who was the next meritorious candidate lost a chance to admit to the 5 Appeal No.1007/2012 seat vacated on account of not admitting the college in time and failed to ascertain from OP.2 that on account of not getting Complainant.no.2 admitted to their college had lost revenue. In our view the Forum could have ascertained from OP.1 & 2, whether in session 2007, on account of Complainant.no.2 not getting in to their college, such seat left vacant? It is found from enquiry that OP.2 has not received Rs.3,25,000/- from OP.1. The Forum below failed to apply the ratios laid down in 1995 STPL (CL) 184 NC in the case of Adhiyamaan college vs. Mat Apathy and Ors., (2009) 8 SCC 483 in the case of Bihar School Examination Board vs. Suresh Prasad Sinha, 2009 (6) SC Nizams Institute of Medical Sciences vs. Prasanth S Dhananka & Ors., (2009) 4 SCC 473 Buddhist Mission Dental College & Hospital (2) vs Bhupesh Khurana and Ors., In such circumstances, in our view, order of the forum below is liable to be set aside. Consequently, matter is remanded back to Forum below to readmit the case to reconsider the case of Complainants, to examine, whether forfeiture of 100% of fee paid considering the facts of the case of the Complainants is justified ? or as to how much amount out of the amount paid shall be forfeited by OP.1, affording opportunity to both parties as early as possible. Accordingly appeal is disposed of. 6 Appeal No.1007/2012
6. Return the LCR to the District Commission.
7. Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member President *NS*