The timing of refund requests and the filling of vacant seats are crucial in determining the amount to be refunded, as per the AICTE Act and UGC guidelines.

ORDER :

Prem Narain, Presiding Member

These revision petitions have been filed by the Petitioner, Thapar University against the orders passed by the State Consumer Disputes Redressal Commission, Punjab, Chandigarh (for short, the State Commission) in appeals filed by the petitioner against the orders of the District Forum, Patiala allowing complaints filed by the complainants/respondents herein.

2. The brief facts leading to these revision petitions are as under:

R.P. No. 2415 of 2011

3. The complainant was admitted for B.E./B.Tech. Programme (Biotechnology Course) vide Admission Letter dated 23.7.2009. By the said letter, the complainant was also asked to deposit the medical certificate and Other certificates on op before 4.8.2009. An amount of Rs. 88,925 was paid towards admission fee on 27.7.2009, Meanwhile, the complainant got admission in another college, hence the complainant sent an application for withdrawal from the course and for refund of the entire fee by Speed Post on 2.8.2009. The complainant was allowed only refund of Rs. 5,500. Aggrieved by this act of the OP University, the complainant filed the complaint before the District Forum bearing No. CC .9.982,

4. The complaint was resisted by the OP on the ground that the request for withdrawal of admission and refund of fee was received through speed post on 4.8.2009 after the final round of counselling was already over on 3.8.2009 and as such the seat vacated by the complainant remained vacant throughout the semester. No waiting list of students was prepared and whatever seats could be filled up were filled by candidates who reported for counseling on 3.8.2009. OP submitted that the vacant seats were subsequently filled on 9.1.2010 on the basis of the merit in the competitive examination for the second semester.

5. The District Forum after considering the submissions of both the parties allowed the complaint vide its order dated 25.8.2010 as under:

“In the result, we allow the complaint partly and direct the opposite party to refund the amount of Rs. 82,425 (88925-1000-Rs.5500 already refunded vide cheque No. 084479) to the complainant along with interest @ 7% per annum from the date of deposit till payment with anther sum of Rs. 5000 as compensation inclusive of costs for harassment, inconvenience and mental torture within a period of one month from the receipt of the copy of the order. The copy of this order be sent to the parties as per rules:”

6. Aggrieved with the order of the District Forum, the OP Thapar University preferred Appeal No. 518 of 2011 before the State Commission which was dismissed vide order dated 18,4.2011. Hence the present revision petition.

R.P. No. 2416 of 2011

7. On 26.6.2009, the OP University allotted the complainant a seat in B.E. Computers. The candidate deposited Rs. 79, 225 on 2.7.2009, apart from Rs. 10,000 already deposited. The complainant sought refund on 26.7.2009 after seeing a news item stating that the ‘deemed university’ status of the OP was going to be de-recognised/withdrawn. The OP university refunded only Rs. 5,500. Aggrieved by this act of the OP University, the complainant filed the complaint before the District Forum bearing No. CC/10/225.

8. The complaint was resisted by the OP on the ground that the request for refund was received by the OP only on 11.8.2009 i.e. much after the last date of counselling held on 3.8.2009 and the seat vacated by the complainant remained unfilled for the entire semester as there was no waiting list of candidates.

9. The District Forum after considering the submissions of both the parties allowed the complaint vide its order dated 25.8.2010 as under:

“in the result, we allow the complaint partly and direct the opposite party to refund the amount of Rs. 82,725 (89225-1000 Rs. 5,500 already refunded vide cheque No. 084481) to the complainant along with interest @ 7% per annum from the date of deposit till payment with anther sum of Rs. 5,000 as compensation inclusive of costs for harassment inconvenien