HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL, CHANDIGARH Vs. GUNITA VIRK

JUDGEMENT

(1.) This is a Revision Petition filed against the order dated 2.8.94 passed by the Consumer Disputes Redressal Commission, U.T. Chandigarh in Appeal No. 165/92 by which the order of the Consumer Disputes Redressal Forum, U.T. Chandigarh was confirmed.

(2.) The facts leading to the present Revision Petition are that the present Respondent-Miss Gunita Virk applied to the present Petitioner Homoeopathic Medical College and Hospital for admission to the first year D.H.M.S. course for academic session 1991-92. She was given admission to the said course and consequently she deposited a sum of Rs. 8,460/- as tuition fee etc. in the account of the Petitioner with State Bank of Patiala, Chandigarh on 24.8.91 and 26.8.91 which included the registration fee of Rs. 50/-. It was notified to her as well as others who had taken admission that classes would start from the first or second week of October, 1991. However, due to the change in her personal circumstances the complainant changed her mind and intimated the Petitioner on 13th September, 1991 that she was not to going the classes and the fees paid by her be refunded. Despite her repeated requests and personal meetings with the Principal of the College no refund was made resulting in the complaint by her before the Consumer Disputes Redressal Forum, Chandigarh.

(3.) The Petitioner herein who was the opposite party in the complaint contested the complaint on two counts namely, (i) complainant was not a 'consumer' as defined in the Consumer Protection Act, and (ii) that dues once paid were not refundable as per the terms and conditions of the prospectus.