BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.



Complaint No.26 of 2008.

Instituted On 14.03.2008.

Date of Service: 06.06.2008.

Decided On:17.03.2009.



Gurcharan Singh (aged 27 years) son of Sh.Pippal Singh, resident of Gill Road, Guru Arjan Dev Nagar, Moga, Distt.Moga.

Complainant.



Versus



1. Dr.Shyam Lal Thapar School of Nursing, G.T.Road, Moga through its Chairman.

2. Pawan Kumar Thapar, Chairman of Dr.Shyam Lal Thapar School of Nursing, G.T.Road, Moga, Distt.Moga.

Opposite Parties.



Complaint under section 12 of The

Consumer Protection Act, 1986.



Quorum: Sh.J.S.Chawla, President.

Sh.J.S.Mallah, Member.



Present: Sh.Vishal Jain, Adv.counsel for the complainant.

Sh.Satinder Sharma, Adv.counsel for OPs.



(J.S.CHAWLA, PRESIDENT)

Sh.Gurcharan Singh complainant has filed the present complaint under section 12 of The Consumer Protection Act, 1986 (herein-after referred to as ‘Act’) against Dr.Shyam Lal Thapar School of Nursing, G.T.Road, Moga through its Chairman (herein-after referred to as ‘School of Nursing’) and another-opposite parties directing them to fill his examination form; to issue him roll number; to allow him for sitting in examination and to direct them not to demand Rs.24800/- and Rs.17500/- and also to pay Rs.50000/- as compensation on account of mental tension, harassment and agony or any other relief to which this Forum may deem fit be granted.

2. Briefly stated, Sh.Gurcharan Singh complainant is a student of OPs-School of Nursing and paid the admission fee and other charges to them and so he becomes their ‘consumer’. That OP2-Pawan Kumar is chairman of OP1-School of Nursing. That the complainant got the admission in OPs-School of Nursing in the month of May 2004 in a G.N.M. course and deposited the fee as per college norms. That the OPs-School of Nursing charged high and excessive fee and in this regard, an agitation was also held by the students of the OPs-School of Nursing. Thereafter, an agreement was entered into between the college management and students in the presence of Medical Education Authorities. Moreover, as per Department of Medical Education and Research and Health notification no.2/90/04-6MB 111/4617, it is clear in para no.6 of the notification that the annual fee should be charged Rs.35000/- including hostel expenses. That the complainant never availed the hostel facility from the OPs-School of Nursing. That in all, the complainant deposited Rs.172470/- with the OPs-School of Nursing from time to time. But, as per the aforesaid notification, the fee to be charged was Rs.105000/- for three years and as per settlement before P.P.S. Kooner Education Authorities, the fee to be charged was Rs.170400/-. That the demand of Rs.24800/- and Rs.17500/- as dues by OPs-School of Nursing is illegal, null and void. That now the OPs-School of Nursing are bent upon and threatening not to get the examination form from him and not to issue the roll number till the recovery of aforesaid dues. That in case the OPs-School of Nursing succeeded in doing so, then the complainant would suffer an irreparable loss and injury which can not be compensated later on in any way and the golden year of his life would be spoiled. That the aforesaid act and conduct of the OPs-School of Nursing has caused him great inconvenience, harassment and mental agony. Hence the present complaint.

3. Notice of the complaint was given to the OPs-School of Nursing, who appeared through Sh.Satinder Sharma, Advocate and filed written reply contesting the same. They took up preliminary objections that this Forum has got no jurisdiction to the fee structure or disputes relating to that and this matter come under the Punjab Government Fee Fixation Act. On merits, it was denied that the charges of the OPs-School of Nursing were excessive in any manner, but they charged the fee as per the rules prevailing at that time. It was further averred that page no.6 of the school prospectus categorically states the fee structure to be charged from the students; that the complainant was admitted as hosteller and not as day scholar and he stayed in the hostel for number of years and might have left the hostel at his own for personal reasons. It was denied that the complainant paid excess fee to the school; that the complainant took admission in GNM and ANM courses in May 2004 i.e. prior to the notification of fee structure referred by him. Moreover, as per the judgment of Hon’ble Supreme Court of India regarding the ‘fee structure’ every institution is free to devise its own ‘fee structure’ subject to the limitation that there can be no profiteering and no capitation fee can be charged directly or indirectly in any form and therefore, the fee structure notification of Punjab Government automatically becomes null and void. It was also averred that the complainant has spent about four years in passing three years course. It is important to mention that for all the science subject students are supposed to study the classes. That the complainant had paid a total sum of Rs.149970/- to the OPs-School of Nursing in 3½ years whereas he was supposed to pay total fee of Rs.200750/- for the duration of studies; that the complainant is cleverly putting the other expenses incurred by him as paid to the school; that the complainant has already appeared in the examination and the OPs-School of Nursing used to issue all the receipts for the payments received from any student; that the OPs-School of Nursing has got no relation with the registration of Punjab Nurses Registration Council’s fee, Student Nurses Association Fund or Clinical charges charged by Punjab Government; that the complainant was never refused to sit in the examination; that the OPs-School of Nursing has got all its rights to recover the legitimate dues from its students because it is a private Un-aided Educational Institution run by a voluntary organization for the betterment of the society; that no student can escape from paying the valid fee and other charges; that the complainant spent extra six months because he failed in the examination. So there was no deficiency in service on the part of the OPs-School of Nursing. All other allegations contained in the complaint were specifically denied being wrong and incorrect. Hence it was prayed that the complaint filed by the complainant has no merit and it deserves dismissal.

4. In order to prove his case, the complainant tendered in evidence his affidavit Ex.A1, copy of prospectus Ex.A2, copy of affidavit Ex.A3, copy of fee received in 2005 Ex.A4, copy of notification Ex.A5, copies of bills Ex.A6 to Ex.A22, copies of applications Ex.A23 and Ex.A24, copy of newspaper item Ex.A25, copy of application for scholarship Ex.A26, copy of scholarship form Ex.A27 and closed his evidence.

5. To rebut the evidence of the complainant, the OPs-School of Nursing tendered affidavit Ex.R1, copy of statement of account Ex.R2 and closed and closed their evidence.

6. We have heard the arguments of Sh.Vishal Jain ld. counsel for the complainant and Sh.Satinder Sharma ld.counsel for OPs-School of Nursing and have very carefully perused the evidence on the file.

7. During the course of arguments Sh.Gurcharan Singh, complainant has made a statement that he does not seek relief regarding the filing of examination form, issuance of roll number and allowing him to sit in the examination as he had already appeared in the examination. He seeks the relief with regard to demand of Rs.24800/- and Rs.17500/- and also of compensation.

8. Sh.Vishal Jain ld.counsel for the complainant has mainly argued that the OPs-School of Nursing has wrongly and illegally demanded the payment of Rs.24800/- and Rs.17500/- as dues from the complainant. This contention of the ld.counsel for the complainant has some merit. The OPs-School of Nursing has not raised the demand of Rs.24800/-+Rs.17500/- but they have raised the demand of Rs.50600/- from the complainant, the details of which are given in Ex.R2. The OPs-School of Nursing has admitted the payment of Rs.149970/- from the complainant. Ld.counsel for the OPs- School of Nursing has failed to satisfy as to how the OPs-School of Nursing is entitled to charge the aforesaid amount from the complainant. It is the case of the complainant himself that as per government notification, he was liable to pay Rs.105000/- as tuition fee for 3 years and as per Department of Medical Education and Research and Health’s notification no.2/90/04-6MB 111/4617, it comes to Rs.170400/- in all. Thus it show that the complainant has conceded the payment of Rs.170400/- as charges for his three years course. Therefore, if the OPs-School of Nursing was entitled to receive Rs.170400/- from the complainant as tuition fee for 3 years as per Department of Medical Education and Research and Health, then he has not made the full payment because according to his own case, he alleges to have made the payment of Rs.172470/- out of which he has failed to produce the receipts regarding the payment of Rs.20000/-, Rs.10000/- for the third year and Rs.1000/-, Rs.500/-, Rs.3500/- and Rs.3500/- total amounting to Rs.8500/- for Ist year, Rs.1000/-, Rs.500/- Rs.2500/- amounting to Rs.4000/- for second year and Rs.1000/-, Rs.500/- Rs.2500/- amounting to Rs.4000/- for third year. The receipt dated 17.8.2004 for Rs.7200/- Ex.A9 filed by the complainant shows that he has tempered with the same and actually he paid Rs.1200/- vide this receipt but tried to change the figure from Rs.1200/- to Rs.7200/- because in the words the figure ‘one thousand and two hundred only’ has been mentioned. The OPs-School of Nursing has conceded the payment of Rs.1200/- vide this receipt. The complainant has also failed to produce the receipts regarding payments of Rs.20000/- on 29.11.2007 and Rs.10000/- on 5.1.2008 but these payments had been admitted by the OPs-School of Nursing in their schedule of payment Ex.R2. Thus, it shows that even if the complainant has failed to produce some receipts regarding the payments made by him, but the same has been conceded by the OPs-School of Nursing. Hence, the evidence on the file show that the complainant has tried to temper the receipt Ex.A9 by showing the payment of Rs.7200/- instead of Rs.1200/- made by him. Thus, he is liable to pay Rs.6000/- against this receipt. He has also failed to prove the payment of Rs.8500/- in the first year, Rs.4000/- in the second year and Rs.4000/- in the third year as shown in Ex.A4. Hence, the complainant has been able to prove the payment of Rs.149970/-, as admitted by the OP’s in Ex.R2.

9. However, the OPs-School of Nursing has added Rs.1020/- for the first year, Rs.3000/- for second year and Rs.4500/- for the third year as late fee charges to be charged from the complainant, but failed to produce any authentic evidence to get the same. It is the case of the OPs-School of Nursing that the complainant had failed in the annual examination and attended extra classes for 6 months more for which they have charged Rs.17500/-, but no cogent and convincing evidence has been produced to prove the same. Moreover, this payment relates to the months of December, 2007, January 2008, February 2008 and March 2008 but they can not claim the same because the complainant has already filed the present complaint in March 2008. Hence, we hold that the complainant is not entitled to pay Rs.17500/- as alleged by OPs-School of Nursing on account of six months more classes attended by him on his failure.

10. In view of the aforesaid facts and circumstances, we hold that the complainant was liable to pay Rs.170400/- as per Koonor Committee report, out of which he has paid Rs.149970/- leaving balance of Rs.20430/-Therefore, the OPs-School of Nursing is entitled to the dues of Rs.20430/- only from the complainant.

11. Admittedly, the complainant has approached this Forum for payment of dues which has been excessively demanded by the OPs-School of Nursing, for which he has suffered a lot in his studies and also suffered mental tension and agony. Thus he is entitled to the compensation to the extent of Rs.10000/- which shall be adjusted in the dues to be paid by him.

12. The ld. counsel for the parties did not urge or argue any other point before us.

13. In view of the aforesaid facts and circumstances, the complaint filed by the complainant is partly accepted. The complainant is directed to pay Rs.20430/- instead of Rs.50600/- to the OPs-School of Nursing on account of pending dues against him. However, the OPs-School of Nursing is directed to pay Rs.10000/- or adjust out of the aforesaid dues, as compensation on account of mental tension, harassment and loss of studies to the complainant. Copies of the order be sent to the parties free of cost and thereafter, the file be consigned to the record room.



(J.S.Mallah) (J.S.Chawla)

Member President

Announced in Open Forum.

Dated:17.03.2009.