State Consumer Disputes Redressal Commission
Nisha Agarwal vs Kanoria P.G. College & Anr on 27 April, 2011
BEFORE
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CIRCUIT BENCH (COURT
No.2), RAJASTHAN, JAIPUR
Appeal No. 2035/2008
Nisha
Agarwal D/o Shri Ashok Kumar Agarwal, R/o P.No.9, Opp. Kamdar Bhawan,
Gatore Road, Jaipur.
.. Appellant-Complainant
VS
Kanoria
P.G. College through its Chairman/Director situated at JLN Marg,
Jaipur.
Kanoria
P.G. College through its Principal situated at JLN Marg, Jaipur.
..Respondents-Non-applicants
Before:
Mr.
G.S. Hora, Presiding Member
Smt. Vimla Sethiya, Member Present:
Ms. Sunita Rani, counsel for the Appellant None appeared for the Respondents ORDER Dated: 27.04.2011 PER Mr. G.S. HORA, PRESIDING MEMBER This appeal arises out of order dated 13.10.2008 passed by the District Consumer Forum (DCF), Jaipur Shivir, Jaipur whereby the complaint of the Complainant was dismissed.
The Complainant whose complaint has been dismissed got admission in Kanoria P.G. College on 7.7.2004 and deposited a sum of Rs. 6,020/- as fee and thereafter got admission in the Maharani College and demanded refund of fee but the same was not paid, hence the complaint.
The Non-applicant came out with this plea that it was Complainant herself who was not interested to continue study in the College and therefore as per the terms & conditions of the prospectus, she was not entitled to get any refund. The learned DCF was of the view that there was a condition in the prospectus that fee once deposited will not be refunded and therefore the complaint was dismissed.2
The Non-applicant has resisted the complaint on the ground that fee was not refundable. It has nowhere been stated in the reply that the seat remained vacant throughout the year because of the withdrawal of the Complainant. It is worthwhile to mention that educational institutions are not commercial institutions and they are not meant for earning profits and therefore if there is any condition that fee will not be refunded, that condition should not be given any weightage.
As there is no evidence to this effect that the seat remained vacant on withdrawal of the Complainant from the school, it would be reasonable to allow refund of fee after deduction of Rs. 1,000/- as a process fee.
Consequently, the appeal is partly allowed. The Non-applicant is directed to pay to the Complainant a sum of Rs. 5,020/- with interest @ 9% per annum from 13.7.2004 to the date of payment along with Rs. 3,000/- as cost of litigation.
Member Presiding Member Hira Lal