LAXMI COLLEGE OF NURSING Vs. D.BLESSINA THAMMAYE

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.797/2006 on the file of District Forum-II, Hyderabad, the opposite party preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant was allotted a seat under Government quota in opposite party college during the academic year 2005-06 to study B.Sc. nursing course which is for four years and she paid part of the admission fee of Rs.27,500/- to the opposite party on 22.8.2005. The complainant submits that the opposite party collected an amount of Rs.8,640/- towards extra charges and did not issue any receipt and in all the opposite party collected an amount of Rs.36,140/- from the complainant and thereafter the complainant got a seat in B.Sc (Nursing) NIMS Hospital , Punjagutta, Hyderabd and she requested the opposite party college authorities to refund the amount which she paid along with original certificates. The complainant addressed a letter dt.17.9.2005 to the opposite party to return the original certificates and refund the fee but there was no response. Inspite of several requests, the opposite party college authorities did not refund the fees but returned the original certificates. The complainant also got issued a legal notice dt.11.8.2006 for which the opposite party issued a reply on 1.9.2006 denying that they are liable to refund the fees. Hence the complaint seeking direction to the opposite parties to pay an amount of Rs.36,140/- together with interest, compensation and costs.

(3.) The opposite party filed counter stating that the complainant paid part of the admission fee of Rs.27,500/- on 22.8.2005 for the academic year 2005-06 but denied that the complainant paid Rs.8,640/- towards uniform, mess and other charges. The opposite party explained to the complainant that the admission fee cannot be refunded since the opposite party is being deprived the allotment of seat and fees of four years. The complainant signed the allotment letter and should have withdrawn before 31.8.2005 for her seat to be given to another candidate. The opposite party college is governed by rules of N.T.R.University and had the complainant approached the Registrar of University before 31.8.2005 they could have admitted another student but the complainant attended the college from 1.9.2005 to 14.9.05 and thereafter left the college without information and on 17.9.05 her father approached the college and asked for return of the certificates which the college promptly returned but did not refund the fees since the candidate did not withdraw the seat before 31.8.2005. The complainant is responsible for depriving the opposite party of collecting the total fee of Rs.1,80,000/- for a period of four years and hence there is no deficiency in service on their behalf.