IMPORTANT POINT
Rules and regulations issued by All India Council for Technical Education are fully applicable to institutions imparting technical education.

Suresh Chandra, Presiding Officer—Challenge in this revision petition is to the order of the State Consumer Disputes Redressal Commission, Punjab (‘State Commission’ for short) dated 22.05.2009 passed in appeal no.384 of 2003. The petition has been filed by Saravpreet Singh (hereinafter referred to as the complainant).

2. Having cleared the CET – 2001 test conducted by Respondent No.2 (Punjab Technical University), the complainant deposited the counseling fee of Rs.10,000/- and participated in the counseling. Out of this amount of Rs.10,000/-, Rs.7,500/- was to be remitted by Respondent No.2 to Respondent No.1 – Institute at Moga. The complainant thereafter was granted admission in the Institute of Respondent No.1 at Moga and accordingly he also deposited the fee of Rs.80,820/- with the Respondent No.1- Institute on 16.08.2001. It is not in dispute that Respondent No.1 - Institute also received the amount of Rs.7,500/- from the counseling fee of Rs.10,000/- from Respondent No.2 –University. Thereafter, a further special counseling was held by Respondent No.2 – University in which also the complainant participated and based on which, he was granted admission in R.E.C. at Jalandhar. The complainant, therefore, deposited the necessary fee at the R.E.C., Jalandhar and got admission there. Having secured his admission at the R.E.C., Jalandhar, the complaint applied for his release from Respondent No.1 – Institute on 30.08.2001. Simultaneously, the father of the complainant requested the Principal of the Respondent No.1 - Institute for refunding the tuition fee and other charges deposited by the complainant with Respondent No. 1 – Institute. Respondent No.1 – Institute, however, refunded only Rs.16,400/- vide bank draft dated 12.12.2001 and that too after a legal notice in this regard on 30.11.2001. Having received only a part of the amount deposited by the complainant with Respondent No.1– Institute, a protest letter was sent to the Respondent No.1– Institute on 04.01.2002. However, vide its letter dated 09.01.2002, the Respondent No.1– Institute refused to grant any further refund. Aggrieved by this response from Respondent No.1– Institute, the complainant filed a consumer complaint before the District Forum, Jalandhar on 07.06.2002 which came to be dismissed by the District Forum vide its order dated 06.02.2003. Appeal filed by the complainant against this order before the State Commission also came to be dismissed vide impugned order dated 22.05.2009 and hence this revision petition.

3. We have heard learned counsel for the petitioner/complainant and the respondent nos. 1 & 2. The case of the complainant is that immediately after securing admission into the R.E.C. at Jalandhar on 29.08.2001, he informed the Respondent No.1– Institute and was also issued a ‘No Due Certificate’ on the very next day on 30.08.2001, a copy of which is filed at Annex.R-4. Classes at Respondent No.1– Institute had not even started at that point of time. A separate application for refund of the fees deposited with Respondent No.1 – Institute was also made by the father of the complainant on 30.08.2001. In the circumstances, learned counsel for the petitioner/complainant has submitted that the fora below have erred in accepting the version of Respondent No.2 that first intimation about the petitioner/complainant leaving Respondent No.1 – Institute was received in November 2001. He further submitted that while refusing to refund the fees deposited by the complainant with Respondent No.1 – Institute, the authorities thereof have violated the rules and instructions set out in the Punjab Education Code and by the All India Council for Technical Education. In support of his contentions, learned counsel for the petitioner has relied on the judgments of the National Commission in the cases of Nipun Nagar v. Symbiosis Institute of International Business1 and The Registrar, Andhra University v. Janjanam Jagedeesh.2 Learned counsel has further s