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State Consumer Disputes Redressal Commission

New Horizon College Of Engineering vs Kum.Sandhya.K.R. on 11 February, 2022

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                                                     APPEAL No.179/2019


                                            Date of Filing :01.12.2019
                                          Date of Disposal :11.02.2022

      BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
     REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
                         DATED:11.02.2022
                               PRESENT

     HON'BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

Mr KRISHNAMURTHY B SANGANNANAVAR: JUDICIAL MEMBER

               Mrs DIVYASHREE M:LADY MEMBER

                       APPEAL No.179/2019

M/s New Horizon College of Engineering
Ring Road, Near Marathahalli,
Bengaluru-560103
Rep. by its Chairman
Dr Manjunatha


(By Mr Adharsh Gangal, Advocate)                         Appellant

                               -Versus-

Kum. Sandhya K R,
D/o Mr K Ramanaiah,
No.222, 4th Main, 6th Cross,
Shivanandanagar, N T Post
Bengaluru - 560075                                       Respondent

                               :ORDER:

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

1. This Appeal is filed under Section 15 of Consumer Protection Act 1986, aggrieved by the Order dated 15.11.2018 passed in Consumer Complaint No.991/2016 by I Additional District Consumer Disputes Redressal Forum, Bengaluru (for short the District Forum).

2. The District Forum on considering the Pleadings & Evidences led in by both the parties, deemed it fit to allow the Complaint in part and directed the OP to pay a sum of Rs.1,79,000/- to the Complainant with interest @ 10% p.a from the date of filing of Complaint till realisation. Further directed OP to pay Rs.25,000/- towards damages and Rs.10,000/- towards litigation costs to the Complainant within 30 days from the date of receipt of the Order. Aggrieved by this Order, OP is in Appeal.

3. Heard the Learned Counsel for the Appellant. Perused the records, Impugned Order and grounds of Appeal Memo. Admittedly, Complainant was a Student, who joined OP's Educational Institution for the course of BE (CSE) through CET allotment during 2014; OP collected Rs.20,000/- for Admission and Complainant studied for 2 months in 1st Semester Course of Engineering. Meanwhile, CET issued Notification stating that candidates who are interested to join Medical Course can join the course. Accordingly, she participated in the medical round of selection and CET also duly allotted a Dental seat to her. Hence, she requested OP for return of her original Educational Certificates to which was refused by the OP stating that unless & until she pays the entire Course Fee, the Certificates will not be returned. Thus, left with no other option, she paid the entire Academic Year's College Fees of Rs.2,04,000/- on 21.10.2014 to the OP's account and thereafter, OP returned all the documents to her. The Complainant alleges that the very act of OP amounts to Un-fair TradePractice and Deficiency in Service.

4. In the Appeal memo, Appellant has taken the stand that, if a Student occupies a seat in OP's College and subsequently, decides to leave mid-stream, OP will be put to loss of revenue, which it would have earned, had the student admitted completes the entire 2 3 APPEAL No.179/2019 academic course and paid fees there for. The document produced by the OP before the District Forum clearly establishes that the Complainant after commencement of the Course, attended 2 months classes in 1st Semester Course of Engineering. Further, the Appellant had taken a stand that AICTE Approval Process Hand Book 2017, relied upon by the District Forum is applicable in the event of a candidate withdrawing before commencement of the course, wherein, it is clearly stated that in case a student withdraws before start of the Course, Processing Fee of Rs.1,000/- should be deducted and returned the balance of the fee amount received. But, in the present case, AICTE rules is not applicable.

5. The Complainant attended 2 months classes in the 1st Semester Course of Engineering by paying Admission Fee of Rs.20,000/- and as demanded by OP, she paid Rs.2,04,000/- for return of her educational documents which were produced at the time of admission. However, District Forumdirected for deduction of a sum of Rs.25,000/- out of Rs.2,04,000/- paid by the Complainant and ordering for Refund of Rs.1,79,000/- is on the higher side reducing it Rs 1,60,000/- would be appropriate which would meet the ends of justice. In the circumstances, Impugned Order requires to be modified with the following terms.

Appeal is allowed in part. Consequently, the Impugned Order dated 15.11.2018 passed in Consumer Complaint No.991/2016 by I Additional District Consumer Disputes Redressal Forum, Bengaluru is hereby modified and directed the OP to pay Rs.1,60,000/- to the Complainant/Respondent within 2 months from the date of filing of Complaint, with cost of Rs.10,000/-. Failing which, the said amounts shall carry interest @ 7% p.a, till realisation.

The statutory deposit is ordered to be transferred to the District Commission for the needful.

Send a copy of this Order to the District Commission as well as to the parties concerned, free of cost immediately.

Lady Member              Judicial Member                  President

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