GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY Vs. NARESH DUBEY
LAWS(DELCDRC)-2009-2-10
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 06,2009

GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY Appellant
VERSUS
Naresh Dubey Respondents


Referred Judgements :-

MEDICAL COUNCIL OF INDIA VS. MADHU SINGH [REFERRED TO]
SUPREET BATRA VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

- (1.)FEELING aggrieved of the impugned order dated 8.5.2008 passed by the District Forum, whereby the appellant University has been directed to refund Rs. 28,000 charges towards admission from the respondent, the appellant has preferred this appeal. The appellant has assailed the impugned order on the basis of Clauses 12.5 and 12.6 of the admission brochure, which were duly agreed by the respondent.
(2.)ADMITTEDLY the respondent was granted admission in B.B.A. course on 13.6.2006 by the appellant in Ideal Institute of Management for which she deposited Rs. 38,000 in favour of appellant. On 21.7.2006, the respondent applied for withdrawal of admission but the fees was not refunded.
(3.)WHILE justifying the non -refund of the fee, the version of the appellant was that the respondent was not entitled for refund of the fee because she withdrew from admission on 21.7.2006 whereas last date prescribed for withdrawal vide Clause 12.5 of Admission Brochure was 12.7.2006. However, there was no denial of the fact the application for withdrawal was well in advance from second counselling which started from 25.7.2006 and that no seat got wasted due to withdrawal by the ward of the respondent. Clause 12.5 reads as under:
12.5. Withdrawal of admission after first counselling and refund of fee:

(i) The candidate after getting admission in first Counselling will be allowed to withdraw/cancel the admission upto 5.00 p.m. of 12.7.2006. All the requests for withdrawal/cancellation of admission are to be submitted to Deputy Registrar (Academic Branch -I), Room No. 108, Administrative Block, Guru Gobind Singh Indraprastha University, Kashmere Gate, Delhi -110006. A proper receipt for with -drawal/cancellation will be issued. The admission will be cancelled only on the written request duly signed by the candidate and countersigned by the parent guardian The candidate will be required to surrender the original admission slip issued at the time of counselling/admission while applying for with -drawal/cancellation of admission.

(ii) In case the written request is received before the above mentioned date and time, the admission will be cancelled and the candidate will be entitled to refund of the fee after deduction of Rs. 10,000 except in case of Dr. B.R. Sur Homeopathic Medical College and Hospital for which the amount of deduction will be Rs. 3,500.

(iii) No request for withdrawal/cancellation of admission will be entertained after 5.00 p.m. of 12.7.2006. Any dropout after this notified time and date will lead to the forfeiture of the full fee deposited by the candidate and no request for refund of fee will be entertained.

Aforesaid scheme of refund of entire fees prior to 12.7.2006 and on deduction of Rs. 10,000, if request is made thereafter was on the concept that first counselling is offered prior to 12.7.2006 and 15 day' time is required for going for the second counselling and in case the request is not made upto 12.7.2006 the seat goes vacant and therefore all the administrative expenses and other expenses incurred by the institutes which are affiliated with the appellant suffers huge pecuniary loss. This concept was recognized by the Hon'ble Supreme Court in Supreet Batra and Others v. Union of India and Others, 2003 3 SCC 370.



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