State Consumer Disputes Redressal Commission
The Correspondent, Vellalar College Of ... vs G. Nithyalakshmi, D/O. Govindaraj, ... on 2 December, 2011
THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI (BENCH II) Present: Thiru.A.K.Annamalai, M.A., M.L., M.Phil., Presiding Judicial Member, Thiru.S.Sambandam, B.Sc., Member. F.A.No.265/2010 [Against order in C.C.No.62/2007 on the file of the DCDRF, Erode] FRIDAY, THE 2nd DAY OF DECEMBER 2011. The Correspondent, Vellalar College of Engineering & Technology, Thindal, Erode District. .. Appellant/Opposite party /Vs/ G. Nithyalakshmi, D/o. Govindaraj, Bajanai Madam Street, Tharamangalam & Post, Omalur Taluk, Salem District. .. Respondent/Complainant The appeal coming before us for hearing finally on 27.09.2011, upon hearing the arguments of appellant side and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following order :- Counsel for Appellant/Opposite party : M/s.T.Bhuvaneswar & R.Dhanalakshmi, Advocates Counsel for Respondent/Complainant : M/s. K.Premkumar, Advocate. ORDER
A.K.ANNAMALAI, PRESIDING JUDICIAL MEMBER
1. Opposite party is the appellant.
2. Complainant who had joined B.E., course in the opposite party college during the year 2005 in the month of August discontinued the same in the middle of the course and thereby she claimed refund of the hostel fees Rs.10,000/- and tuition fees Rs.40,000/- apart from the sum of Rs.5400/- paid towards counseling for the admission. Since the opposite party refused to refund the amounts on the ground that she had left the college in the middle of the course and after staying the hostel for nearly one month and her discontinuation of course the college had lost 3 years admission in her place which would be kept vacant till the completion of the course and thereby there was no deficiency or negligence on the part.
3. The District Forum allowed the complaint by directing the opposite party to pay 75% of the tuition fees Rs.45,000/- as Rs.33,750/- and 75% of the hostel fees of Rs.7500/- in all Rs.41,250/- and Rs.5,000/- towards compensation for mental agony and Rs.2,000/- towards costs.
4. The opposite party aggrieved by the order of the District Forum filed this appeal contending that the complainant on her own discontinued the course in the middle of the academic year and left in the hostel on her own accord, after staying for some time and as per the Government order Exhibit B6 the students studied for more than 2 months in the course from the date of admission they are not entitled for any refund of special fees or tuition fees and thereby even though the original certificates are returned to the complainant, the request for the refund of fees could not be complied with. Hence the District Forum without considering the contentions of the opposite party and going in to the details of Exhibit B6 wrongly allowed the complaint.
But whereas the complainant/respondent contended that since the period of study could not be elicited from either side, the District Forum on an equity basis allowed the proportionate refund of the fees claimed and it cannot be assailed by the opposite party.
5. While considering both sides averments, arguments and contentions it is not in dispute that the complainant joined B.E., Course with the opposite partys college on payment of Rs.40,000/- as tuition fees and Rs.10,000/- towards hostel fees on 11.8.05 apart from counseling admission fees of Rs.5,400/- in favour of the Government and discontinued the course in the middle of the academic year. According to the complainant she was compelled to discontinue the course because of some harassment happened to the complainant due to the activities of teaching staff and the complainant become disturbed and did not want to continue the course and these are all revealed from the letter addressed by the complainants father under Exhibit A5 to A7 and from the details of legal notice Exhibit A8. The District Forum asserted in the order that since the period of duration of study in the opposite partys college by the complainant could not be fixed as both parties are silent in this regard proportionate percentage of payment as an equity basis was worked out in granting the refund of amount. But on perusal of the documents from the letter addressed by the complainants father to the opposite party Exhibit A5, it is stated that she discontinued in October 2005. The original letter produced by the opposite party as Exhibit B2 in which the father of the complainant addressed to the Principal, of opposite party he has requested that fees for hostel and other fees may be refunded to the possible extent and this letter was dated 19.10.85 and the endorsement of the Principal also made on 19.10.05 on it and thereby it is clear the complainant had been in the college till 19.10.05 and thereby when she joined on 11.8.05 as per Exhibit A3 and A5, it is clear that she was in the course for more than two months in the college. In Exhibit B6 Government order in G.O.Ms.No.1258 dated 21.10.85 in which it is clearly stated regarding the refund of tuition fees if any student leave within a period of 2 months from the date of their joining either to joining in other professional colleges or medical colleges they are entitled for the refund of tuition fee alone and in case if the period is more than two months from the date of their joining the tuition fee and special fee shall not be refunded. In this case it is clearly proved that the complainant has undergone her studies for more than two months from 11.8.05 to 19.10.05 she is not entitled for refund of tuition fee which is claimed as Rs.40,000/-. Regarding the hostel fees concerned it was paid on 11.8.05 as per Exhibit A3 and it is admitted that she was in the hostel up to 31.8.05 and left the hostel on her own accord on 31.8.05 to become a day scholar to continue her study since she has enjoyed the hostel facility for more than 3/4th of the month in August 2005 and left voluntarily on her own accord she cannot expect any refund of the hostel fees either in full or in portion, even though it is not contended by both sides that the sum of Rs.10,000/- was collected for how many months towards rent for the hostel. The opposite party contended in the reply notice and in written version that as the hostel fees of Rs.10,000/- was collected towards rent and establishment charges which cannot be expected to be refunded to the complainant as claimed when she has availed the stay facility in the hostel. In those circumstances the District Forum without going in to the details of these aspects from the documents available erroneously allowed the complaint which we feel in our view to be set right by allowing the appeal for the foregoing reasons and discussions made.
5. In the result, the appeal is allowed by setting aside the order of the District Forum, Erode in C.C.No.62/2007 dated 25.06.09 and the complaint is dismissed. No order as to costs in this appeal.
6. The Registry is directed to hand over the Fixed Deposit Receipt, made by way of mandatory deposit, to the appellant, duly discharged.
S.SAMBANDAM A.K.ANNAMALAI, MEMBER PRESIDING JUDICIAL MEMBER INDEX : YES / NO sg/B-II/aka/College