GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY Vs. ASHOK KUMAR JAIN
LAWS(DELCDRC)-2006-3-6
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 02,2006

GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY Appellant
VERSUS
ASHOK KUMAR JAIN Respondents

JUDGEMENT

- (1.) IN identical matter where the appellant was a party we have taken a view that no educational institution, centre or university can forfeit the amount received by it at the time of admission in case it has not provided the service for which the consideration was meant. This view was taken in, (i) Indraprastha Guru Gobind Singh University v. Deep Kumar, in Appeal No. 569/2005 dated 31.1.2006; and (ii) Indraprastha Guru Gobind Singh University v. P.L. Girdhar, in Appeal No. 570/2005.
(2.) IN the instant case the appellant has been vide impugned order dated 15.6.2005 passed by the District Forum been directed to refund the amount of Rs. 9,000 to the respondent with interest @ 9% and pay Rs. 5,000 as compensation and Rs. 1,000 as litigation expenses for having declined to refund the amount which was contrary to their own rules.
(3.) ADMITTEDLY an amount of Rs. 20,000 was received by the appellant towards admission of the respondent in the course of Bachelor of Physiotherapy on 23.6.2003. The first counseling session commenced from the same day. Respondent made application on 29.7.2003 requesting for cancellation of admission and withdrawal of fees. According to the appellant, the respondent was only entitled to refund of Rs. 4,500 as he has submitted the application after the cut off date of 15th July, 2003. The grievance of the appellant is mainly against the amount of security of Rs. 5,000 ordered to be refunded. According to the appellant, the respondent did not deposit the security amount, therefore, the question of refund of the same did not arise. The breakup of the fees of Rs. 20,000 received by the appellant is as under: (i) Semester fee full/part Rs. 15,000 (ii) Examination fee Rs. 2,500 (iii) Student activity fee Rs. 2,000 (iv) Enrolment fee Rs. 500 Total Rs. 20,000 Even from the aforesaid breakup we find that Rs. 15,000 was charged towards the semester fee full/part which means that if a candidate receives the tuition or the training for a full semester he would be charged Rs. 15,000.;


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