w w w . L a w y e r S e r v i c e s . i n



Pearl Academy Of Fashion v/s Basant Kumar Goel

    First Appeal No. 2008 of 759

    Decided On, 25 January 2010

    At, Delhi State Consumer Disputes Redressal Commission New Delhi

    By, THE HONOURABLE MR. JUSTICE BARKAT ALI ZAIDI
    By, PRESIDENT & THE HONOURABLE MR. JUSTICE M.L. SAHNI
    By, MEMBER

    For the Appellant: Rajiv Awasthi, Advocate. For the Respondent: In person.



Judgment Text

Barkat Ali Zaidi, President (Oral):

1. Short facts of the case are that the complainant’s daughter got admission in OP’s Academy on 9.3.2007 and deposited Rs. 85,500 as the admission fees. Subsequently she was admitted to MBA Course in Jamia Hamdard University. She therefore relinquished the OP Academy and applied for the refund of the fees deposited by her and the OP returned her Rs. 65,000 after deducting a sum of Rs. 20,000 towards the Registration and the Admission fees.

2. With this grouse the complainant filed a complaint against the OP for the refund of amount of Rs. 20,000 before the District Forum.

3. The OP Academy opposed the claim and filed the written statement, pleading the sum of Rs. 20,000 cannot be refunded, in view of refund Policy, of the OP.

4. The District Forum repelled the contention of the OP Academy and decreed the claim of the complainant directing the OP to refund the complainant Rs. 20,000 along with interest @ 9% per annum from March 2007, till the date of payment.

5. That is what brings the OP appellant Academy in appeal before this State Commission.

6. We have heard Sh. Rajiv Awasthi, Counsel for the appellant and the respondent in person.

7. The District Forum has not referred to the plea of the OP appellant as mentioned in the written statement affirmed on affidavit of Col. Surojit Bose, Registrar of the OP, that certain expenses are incurred in the course of admission of candidates, and they should be deemed as non-refundable. This is, what was written, by the OP appellant in its written statement-

(7) It is further submitted that the admissions process consumes lot of finances of the institute such as placing of All India Admission Notice through prominent Newspapers, processing all application received, preparation of question paper, arrangement of examination venue. Investigation staff and teachers for conducting the examination, hiring of services and running cost for eight examination centres, checking of the answer sheets and after the written examination successful candidates have to pass through group discussion and interviews through guest faculty. The examination process also entails sundry charges for invigilation process, preparation of results, publication and uploading on website and displays in the Notices Boards at all the centres. Moreover, huge expenditure is incurred on telephonic inquiries/calls.

8. It is indeed surprising that the District Forum made no reference to such a vital plea. This argument of the appellant is irrebutable, by all logical standards, because if Academy incurs expenses in the course of admission, they are entitled to deduct the same, in refunding the admission fees.

9. Result is that the appeal has to be allowed, because the amount deducted by the appellant OP, is reasonable and legitimate.

10. The appeal is therefore allowed, the order passed by the District Forum is

Please Login To View The Full Judgment!

set aside. 11. Bank Guarantee/FDR, if any furnished by the appellant, be returned forthwith. 12. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal allowed.
O R