Punjab

Ludhiana

CC/19/280

Anamika Gupta - Complainant(s)

Versus

International Institute of Business - Opp.Party(s)

compl in person

26 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

 

Consumer Complaint No. 280 of 10.06.2019

Date of Decision            :   26.08.2021

 

Anamika Gupta d/o. Om Parkash Gupta, r/o. 207 GF, Sector 11, Panchkula, Haryana-134109.

….. Complainant

                                                         Versus

International Institute of Business Studies (IIBS), National Head off. And Bangalore Campus (R.T. Nagar), 70, 2^nd main Road, Kanaka Nagar, Nagawara, Banglore-560032 through director admission.

…..Opposite party

 

 

                    Complaint U/s 12 of the Consumer Protection Act, 1986

 

 

QUORUM:

SH.K.K.KAREER, PRESIDENT

MS.JYOTSNA THATAI, MEMBER

 

COUNSEL FOR THE PARTIES:

For Complainant            :         Sh. M.S. Sethi, Advocate

For OP                           :         Exparte.

 

PER K.K.KAREER, PRESIDENT

 

1.                In nutshell, the case of the complainant is that she applied for online admission in MBA with Banglore University through the OP. The complainant deposited a sum of Rs.1 Lac in the bank account No.30609581694 of the OP on 30.01.2018 against the receipt. Thereafter, vide letter dated 31.01.2018, the OP informed the complainant that she has been provisionally selected for MBA 2018-2020 batch. The OP further disclosed that tuition fee for two years program would be Rs.7,45,000/- for Banglore University and she would be provided free international tour, laptop and industry orientation. The OP further asked the complainant to remit the registration fee and first installment of Rs.1 Lac within 7 working days from the date of issuance of the letter. However, the complainant had already deposited the amount of Rs.1 Lac with the OP. Thereafter, vide letter dated 08.02.2018, the OP informed the complainant that she has been admitted as a student of their college in MBA course for the academic year 2018-2020 in Banglore Campus under Banglore University. However, due to some family reason, the complainant opted for the cancellation of the admission in the said course and requested the OP to refund the amount of Rs.1 Lac. However, after a long period, the OP informed the complainant to submit acceptance of Rs.75,000/-, which was sent by the complainant on 15.09.2018 through email. Despite the acceptance of lesser amount, the OP has failed to refund the amount till date. As per the UGC norms, in the event of student withdrawing before the starting of the course, the wait-listed candidates should be given admission against the vacant seat and the entire fee collected from the student be refunded after a deduction of processing fee of not more than Rs.1,000/-. In this manner, the complainant is entitled to seek the refund of Rs.1 Lac after deduction as per the UGC norms. In the end, it has been requested that the complaint be allowed and the OP be directed to refund the fee of Rs.1 Lac along with compensation of Rs.50,000/- and litigation expenses of Rs.11,000/-.

2.                Upon notice, OP did not appear despite service and was proceeded against exparte.                   

3.                In exparte evidence, the complainant tendered her affidavit as Ex.CA along with documents Ex.C1 to Ex. C7 and closed the evidence.

4.                We have carefully gone through the record and have heard arguments advanced by the counsel for the complainant.

5.                The complainant has led the evidence to the effect that she applied for online admission in MBA with Banglore University through the OP and paid/deposited a sum of Rs.1,00,000/- in the account of the OP on 30.01.2018. The tuition fee for two years course was Rs.7,45,000/-. The complainant has further led evidence to the effect that due to some family reason, she opted for cancellation of the admission and requested the OP to refund the amount of Rs.1,00,000/-, but the same was not refunded.

6.                During the course of arguments, the counsel for the complainant has relied upon a notification dated 23.04.2007 issued by University Grants Commission, New Delhi whereby it has been provided that the Institutions and Universities shall maintain a waiting list of students/candidates and in the event the student/candidate withdrawing from the course, the wait-listed candidate should be given admission against the vacant seat and the entire fee collected from the student, after a deduction of the process fee of not more than Rs.1,000/-, shall be refunded. In the light of the notification dated 23.04.2007, it has been urged that OP is bound to refund the fee of Rs.1,00,000/- after making a deduction of Rs.1,000/-.

7.                We have thoughtfully considered the matter.

8.                The exparte evidence has gone unrebutted on the file. The complainant opted out of admission before the start of the course. Therefore, as per notification dated 23.04.2007, she is entitled to refund of Rs.99,000/-. As regards the fact that whether or not the complainant is a consumer, a reference can be made to law laid down in Mody University of Sciences and Technology and another Vs Megha Gupta passed in Revision Petition No.3288 of 2016 decided by Hon’ble National Consumer Disputes Redressal Commission, New Delhi whereby it has been held that in Bihar School Education Board Vs Suresh Parsad Sinha 2009(8) SCC 48 the Hon’ble Supreme Court has not laid down as an abstract proposition of law that a student taking admission in an educational institute can never be a “consumer” within Section 2(1) (d) of the Act is not correct. In the cited case also, the dispute was with regard to the refund of the admission fee in accordance with the guidelines issued by U.G.C. and the complainant/student was held to be a consumer and the complaint was allowed. Accordingly, it is held that the complainant is entitled to refund of Rs.99,000/- from the OP as per UGC guidelines..

90.              As a result of the above discussion, the complaint is allowed exparte with an order that the OP shall refund the amount of Rs.99,000/- to the complainant along with interest @6% per annum from the date of filing of the complaint till date of actual payment. OP shall further pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the complainant as composite compensation and costs. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules.

10.              File be indexed and consigned to record room.

11.              Due to rush of work and spread of COVID-19, the case could not be decided within the statutory period.

 

                     (Jyotsna Thatai)                                     (K.K. Kareer)

            Member                                                  President

 

Announced in Open Commission

Dated:26.08.2021