PRESENT
Complainant by Adv. Shri.Dhamapurkar present.
Opponent – Ex-parte.
ORDER
(Per- Mr. S. D. MADAKE, Hon’ble President)
1. The complainant submitted provisional application for admission for the course namely Masters in science in clinical research (U.G.C.) approved. The complainant approached to opposite parties who had issued the selection letter mentioning that the said course is affiliated with UGC.
2. According to complainant, opponents issued letter stating that students are required to pay registration fees of Rs.30,000/- on or before 26.5.2016 and not being able to do so will result to cancellation of seat.
3. The complainant paid the fees believing on the representation of opponents that course was U.G.C. approved. She came to know, said course is not affiliated to UGC, so she will not get educational loan for the same.
4. Complainant submitted application on 17.6.2016 for refund of said deposit stating that she will not be continuing with the admission process and met personally for refund, however opp. no. 2 and 3 took her request lightly, opp. no. 3 stated that, amount is refunded only on the ground of serious illness.
5. The complainant prayed for direction to opposite parties to refund said amount with 18 % interest p.a. from 25.5.2016 with compensation of Rs.20,000/- for mental agony and cost of Rs.10,000/-.
6. The complaint was admitted on 7.2.2017. The opposite parties no. 2 and 3 were present on the date of admission. The opp.no. 2 proceeded ex-parte due to failure to appear and file written statement vide order dated 7.11.2017.
7. Perused complaint, affidavit of evidence and written argument filed today. Heard Adv. Dhamapurkar. The selection letter dated 25.5.2016 issued by opp. no. 1 issued to complainant show that, said course was UGC approved.
8. The opp. issued another general information that registration fees of Rs.30,000/- has to be paid within stipulated time. The application on 17.6.2016 for refund was made on the ground of financial problems. The repeated letters sent to opponents are filed on record.
9. We are of view that opponents adopted unfair trade practice and are also guilty for deficiency in service. The opp. parties are liable to refund of amount with interest @ 12 % p.a. The complainant is entitle for compensation for mental agony Rs.5,000/- and cost of Rs.5,000/-.
10. In the result, we pass the following order.
ORDER
1. Consumer Complaint No. 102/2016 is partly allowed.
2. The opp. parties to pay 30,000/-(Thirty thousand) with interest @ 12 % p.a. from the date of admission of complaint i.e.
7.2.2017 till payment.
3. The opp. parties to pay Rs.5,000/- (Five thousand) compensation and cost of Rs.5,000/- (Five thousand) to complainant.
- Copy of this order be sent to the both parties.
