RAJIV GANDHI COLLEGE OF ENGINEERING & TECHNOLOGY & ANR Vs. A RADHAKRISHNAN & ANR
LAWS(UTRCDRC)-2006-4-1
UNION TERRITORY STATE CONSUMER DISPUTE REDRESSAL COMMISSION
Decided on April 06,2006

Rajiv Gandhi College Of Engineering And Technology And Anr Appellant
VERSUS
A Radhakrishnan And Anr Respondents


Referred Judgements :-

CHAKRADHAR SEMWAL V. NAVJOT SINGH WARAICH AND ANOTHER [REFERRED TO]
MS. RAMA SINHA V. MS. JYOTIKA GUPTA [REFERRED TO]
ADMINISTRATOR,SARDAR PATEL VIDYALAYA V. DR. ANURAG ROHATGI [REFERRED TO]
CENTRAL INLAND WATER TRANSPORT CORPORATION LIMITED VS. BROJO NATH GANGULY / TARUN KANTI SENGUPTA [REFERRED TO]
BARODA MUNICIPAL CORPORATION VS. AKHIL BHARTIYA GRAHAK PANCHAYAT LTD [REFERRED TO]
C NARASIMHA RAO VS. K R NEELAKANDAN [REFERRED TO]
RAMDEOBABA ENGINEERING COLLEGE VS. SUSHANT YUVRAJ RODE AND ANOTHER [REFERRED TO]
HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL, CHANDIGARH VS. GUNITA VIRK [REFERRED TO]


JUDGEMENT

- (1.)THE opposite parties are the appellants.
(2.)THE respondents/complainants have filed the complaint raising the following contentions.
The first complainant is the father of the 2nd complainant. The 2nd complainant has completed her diploma in Electronics and Communication Engineering and she applied for the lateral entry, II Year Electronics Communication Engineering course at opposite party college during the academic year 2002 -03. The 2nd complainant got admission and she paid Rs. 56,700 towards tuition fee and caution deposit, etc. The 2nd complainant joined the course on 29.7.2002. On 5.9.2002, the 2nd complainant got a seat in the Pondicherry Engineering College and, therefore, the complainants requested the opposite party to return the certificates and refund Rs. 51,700 deducting Rs. 5,000 having attended the course for one month. The opposite parties directed the complainants to collect the above amount after a period of three months i.e., after completion of admission. Inspite of demands made by the complainants on several occasions, the opposite parties failed to refund the amount. Therefore, the complainants issued notice on 19.5.2003. The opposite parties have neglected and failed to repay the amount inspite of repeated demands. For mental agony suffered by the complainants, they are entitled to Rs. 5,000 as compensation. Hence, the complaint is filed.

(3.)THE case of the opposite party is as follows:
The complainant after admission in Pondicherry Engineering College, approached the college for refund of fees paid by them and they were appraised with the rules and regulations of the institution laid down in the prospectus. In the prospectus, it is clearly stated that any amount paid towards tuition fee, admission fee will not be refunded. The complainants also agreed as per the application form for admission that they are bound by the rules and regulations and that they will not claim compensation or refund of fees. The 2nd complainant joined the course on 19.7.2002 under the Management Quota and she continued her studies till 5.9.2002. The complainants were fully aware of the terms and conditions which were explained to them and given in the application form and prospectus before admission. The admission for the year was over well in time and hence the management could not fill up the seat falling vacant subsequently in Electronics and Communication Engineering for the academic year 2002 -03 for which there is a very great demand. The college is collecting only the Government prescribed fees.

No oral evidence was let in by the parties. Exs. C1 to C4 were marked on the side of the complainant and Exs. R1 and R2 were marked on the side of the opposite parties.



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