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PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
S.N. Aggarwal, President, Lt. Col. Darshan Singh and Piare Lal Garg, Members
GURU NANAK DEV DENTAL COLLEGE AND RESEARCH INSTITUTE - Appellant
Versus
MONIKA DAUGHTER OF PAWAN KUMAR JINDAL AND ORS. - Respondents
First Appeal No. 1686 of 2003
Decided on : 17-11-2009
Mr. Mukand Gupta, Advocate, for the Appellant; Mr. H.S. Parwana for Mr. N.K. Zakhmi, Advocate, for the Respondent
The appellant College was entitled to charge the fee for the remaining two years as the seat vacated by the student remained vacant, but the appellant College illegally recovered the enhanced fee at the rate of 15%.
Headnote:
Consumer Dispute - Refund of Fees - Punjab Medical Entrance Test - Joint Migration Test - Refund of Enhanced Fee - Interest Rate - [FACT OF THE CASE] Monika, a student, sought refund of fees from the appellant College after migrating to another college. The appellant College charged enhanced fees and refused to refund the amount. [FINDING OF THE COURT] The court held that the appellant College was justified in charging the fee for the remaining two years as the seat vacated by Monika remained vacant. However, the appellant College illegally recovered the enhanced fee at the rate of 15%. The interest rate awarded by the District Forum was reduced from 12% to 7.5% per annum. [ISSUES] The main issue was the refund of fees and the legality of the enhanced fee charged by the appellant College. [RATIO DECIDENDI] The court relied on previous judgments to establish that the appellant College was entitled to charge the fee for the remaining two years as the seat vacated by Monika remained vacant. However, the appellant College illegally recovered the enhanced fee at the rate of 15%. The interest rate awarded by the District Forum was reduced from 12% to 7.5% per annum. [FINAL DECISION] The appeals were partly accepted, and the refund of the remaining amount except Rs. 7,800 in each case was set aside. The interest rate was reduced from 12% to 7.5% per annum in each case.
ORDER
S.N. Aggarwal, President - This order will dispose of two appeals, namely, First Appeal No. 1686 of 2003 Guru Nanak Dev Dental College and Research Institute v. Monika and Ors., and First Appeal No. 1687 of 2003 Guru Nanak Dev Dental College and Research Institute v. Gurpreet Kaur and Ors. , as common question of law and facts are involved in both these appeals. Facts are taken from First Appeal No. 1686 of 2003 and the parties would be referred by their status in this appeal.
2. Monika respondent (in short "Monika") had appeared in the Punjab Medical Entrance Test (in short "PMET") held in 2000 by Guru Nanak Dev University, Amritsar on behalf of Baba Farid University of Health Sciences, Faridkot respondent No. 3 (in short "the University"). She was selected for admission in the B.D.S. Course against the payment seat. She was admitted in Guru Nanak Dev Dental College, Sunam appellant (in short "appellant College"). Monika deposited a sum of Rs. 1,26,000 on account of tuition fee/hostel fee/mess charges/security, etc., on 31.8.2000 with the appellant College.
3. It was further pleaded that the University conducted a joint migration test (in short "JMT") on 29.3.2002 to fill up the vacant seats in Government Dental College and Hospital, Patiala and Government Dental College and Hospital, Amritsar and the candidates were required to deposit a sum of Rs. 5,000 as fee for the purpose of said test. It was deposited by Monika. For appearing in the joint migration test 2002, no objection certificate was required from the appellant College. It was given by the appellant College to Monika enabling her to appear in the joint migration test 2002. Accordingly Monika appeared in the joint migration test 2002. The appellant College had demanded the enhancement fee for two years from Monika at the rate of 15% on the plea that fee had been enhanced by the State Government retrospectively and Monika was compelled to deposit the fee. Accordingly Monika deposited a sum of Rs. 3,300 as enhanced fee with the appellant College on 5.3.2002 but no receipt to that effect was issued by the appellant College.
4. It was further pleaded that the University held counselling on 4.4.2002. Monika had qualified the JMT-2001-2002. The original certificates of Monika were required for the purpose of counselling. Monika approached the appellant College for collecting the original educational certificates. The appellant College again demanded Rs. 30,500 as tuition fee and enhanced fee of Rs. 3,300 at the rate of 15% for the remaining two years. It was deposited by Monika on 1.4.2002.
5. It was further pleaded that Monika has deposited a sum of Rs. 7,800 as enhanced fee at the rate of 15% for four years and Rs. 26,000 as tuition fee for the remaining two years with the appellant College. However, the appellant College had not issued any receipt for that amount on the plea that the receipts would be sent within a period of one month at her residential address. Monika was forced to write application to give up the deposited tuition fee/security on 1.4.2002 by an official of the appellant College. The said official also obtained the signatures of Monika on blank papers.
6. It was further pleaded that Monika wrote the letter in May 2002 to the appellant College demanding the receipts of the amounts deposited by her with the appellant College but no such receipt was issued. Monika had also deposited a sum of Rs. 36,000 vide receipt dated 30.7.2001 and a sum of Rs. 13,000 vide receipt dated 30.7.2001 as fee and other charges. The total amount of Rs. 49,000 was deposited by her. Monika left the appellant College after migration by the University in the month of April, 2002.
7. It was further pleaded that after her migration to Government Dental College and Hospital, Patiala, Monika had deposited a sum of Rs. 18,500 as tuition fee, security and other charges in the migrated College. As per the rules and regulations, the appellant College was required to transfer the tuition
