NCDRC

NCDRC

RP/1617/2018

RISHABH GUPTA - Complainant(s)

Versus

NETAJI SUBHAS INSTITUTE OF TECHNOLOGY - Opp.Party(s)

MR. DAVINDER KUMAR MAHAJAN

13 Jun 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1617 OF 2018
 
(Against the Order dated 28/02/2018 in Appeal No. 507/2017 of the State Commission Delhi)
1. RISHABH GUPTA
S/O. SH. DAVINDER GUPTA, R/O. A-72, HANS APARTMENTS NEAR KARKARDOOMA COURTS
DELHI-110032
...........Petitioner(s)
Versus 
1. NETAJI SUBHAS INSTITUTE OF TECHNOLOGY
THROUGH ITS CHAIRMAN B.E. ADMISSION COMMITTEE UNIVERSITY OF DELHI, AZAD HIND FAUZ MARG, SECTOR 3, DWARKA
NEW DELHI-110078
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Petitioner :
Mr. D.K. Mahajan, Advocate
For the Respondent :

Dated : 13 Jun 2018
ORDER

JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)

          The petitioner/complainant took admission in B.E. (Programme) of the respondent during the academic year 2014-2015.  He paid a sum of Rs.83,250/- on 17.07.2014.  On 02.08.2014, he applied for withdrawal of the provisional admission on the ground that the stream of his choice had not been offered to him.  After deduction of Rs.10,000/-, the balance amount of Rs.73,250/- was refunded to him.  Being aggrieved from the deduction of Rs.10,000/-, he approached the concerned District Forum by way of a consumer complaint. 

2.      The complaint was resisted by the respondent which inter-alia stated in its reply that the refund had been made in accordance with the terms and conditions mentioned in the admission brochure. 

3.      The District Forum having dismissed the consumer complaint, the petitioner approached the concerned State Commission by way of an appeal.  The said appeal also having been dismissed, he is before this Commission by way of this revision petition. 

4.      Clause 4.2 of the brochure issued by the respondent reads as under:

4.2    WITHDRAWAL AND REFUND   

(a)

Withdrawal upto 31.7.2014

Rs.5,000/- will be deducted

(b)

Withdrawal from 01.8.2014 to 05.8.2014

Rs.10,000/- will be deducted

(c)

Withdrawal from 06.8.2014 to12.8.2014

Rs.20,000/- will be deducted

(d)

Withdrawal after 12.8.2014 / cancellation of admissions

Refundable security deposit of Rs.5,000/- only will be refunded.

 

5.      Admittedly, the petitioner/complainant had also submitted an undertaking dated 04.08.2014 which reads as under:

UNDERTAKING

I state that I am willing withdrawing from admission in the Institute.  I hereby undertake that I know the refund rules of the Institute and agree to abide by the same.  I further understand that the refund would be made in due course of time through a Crossed Cheque issued in my name only.

Enclosures:

6.      It is therefore, evident that the petitioner/complainant had given an expressed undertaking, while withdrawing the admission, whereby he admitted knowledge of the refund rules and agreed to abide by the same. 

7.      The admission having been taken by the petitioner/complainant on the terms and conditions contained in the Brochure, he is bound by the said terms and conditions.  Moreover, while applying for withdrawal of admission, he gave an unconditional undertaking accepting the refund rules.   

8.      The learned counsel for the petitioner relies upon the decision of this Commission in Andhra University & Anr. Vs. Janjanam Jagedeesh RP No.3926 of 2009 III (2010) CPJ 310 (NC) decided on 06.07.2010.  The decision relied upon by the learned counsel for the petitioner however, is clearly distinguishable on facts since, in the present case, the term for deduction of Rs.10,000/- was expressly incorporated in the Brochure and he also gave an undertaking, agreeing to abide by the refund rules, while seeking withdrawal from admission.  He is therefore, estopped from challenging the aforesaid deduction. 

9.      For the reasons stated hereinabove, I find no reason to interfere with the concurrent view taken by the Fora below.  The revision petition, being devoid of any merits, is hereby dismissed.

 
......................J
V.K. JAIN
PRESIDING MEMBER

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