IMPORTANT POINT
Admission cannot be abruptly cancelled without assigning any reason.

S.C. Vyas, President—This appeal is directed against order dated 30.7.2009 of District Consumer Disputes Redressal Forum, Raipur (hereinafter called as “District Forum” for short), in Complaint Case No. 92/2009, whereby the complaint of the appellant herein, seeking compensation of Rs. 4,00,000 for mental agony and Rs. 26,000 for financial loss, along with interest, has been dismissed by the District Forum.

2. The facts of the case are that, the appellant herein, after reading an advertisement in a local newspaper “Dainik Navbharat” edition dated 20.9.2008, contacted respondent for admission to M.C.A. Course and as per demand of the respondent Institution, Rs. 64,500, as admission fees, tuition fees, bus charges and library charges, were paid. Then, she started taking regular education in M.C.A. Course. Library Card, Pass Book, were also issued in her favour. She was to attend the College, situated at Village Chatauna, Mandir Hasaud and was to go there by a bus and then to travel up to her residence by a rickshaw everyday. She attended classes from 21.9.2008 to 24.11.2008 and then all of a sudden on 24.11.2008, she was informed that her admission had been cancelled and she was not required to come to the college from the next day. The fees was also refunded to her. It has been averred that on account of this conduct of the respondent, whole academic year of the appellant had wasted. Earlier she was studying in D.B.M. Course as a regular student at Durga College, Raipur and had spent a huge amount in her studies. It had also wasted, therefore, compensation was demanded.

3. None appeared for the respondent Institution before this Commission. Before District Forum also, no reply was filed by the respondent nor any affidavit or documents. Thus, there appears no challenge to the statement of the complainant, by way of her affidavit and documents filed by her.

4. The Membership Card (Annexure A5), shows that she was given admission in MCA First Semester and membership of library was also given. Bus pass also shows the same thing. Thus, it appears that she was given admission by respondent Institution in MCA Course.

5. Photo copy of the cheque Annexure A6 shows that on 24.11.2008 Rs. 64,500, were refunded to her by an account payee cheque, which indicates that her admission was cancelled. As stated by her in her affidavit that no reason, has been assigned by the respondent Institution. No such reason was shown before District Forum either by filing reply of the complaint, or by way of filing any documents or affidavit of someone, which indicates that without assigning any reason, the admission was cancelled, all of a sudden. This conduct of the respondent Institution amounts to deficiency in service and therefore, the appellant, is entitled for compensation, apart from refund of fees.

6. As fees has already been refunded to the appellant, therefore, for the deficiency in service committed by the respondent Institution by deliberately cancelling her admission in the mid education session,

Rs. 25,000, are awarded to the complainant/appellant, by way of compensation. Respondent Institution, is directed to deposit this amount within three months in the District Forum, from the date of this order, otherwise this amount will carry interest @ 9%p.a. Cost of this appeal is quantified as Rs. 500 and will also be paid by the respondent. Thus the appeal is disposed of on the aforesaid terms and the order passed by the District Forum, is set aside.

Appeal disposed of.

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