STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH First Appeal No.530 of 2023 Date of institution : 16.08.2023 Date of Reserve : 02.04.2025 Date of Decision : 15.04.2025

1. Punjabi University, Patiala through its Registrar, NH64, Urban Estate, Phase-II, Patiala-147002.

2. Department of Law, LLM (One Year) Evening Course, Punjabi University, Patiala, through Head of Department.

…….Appellants/Opposite Parties Versus Mr.Umesh Kumar, son of Sh.Rattan Singh, Resident of Street No.1-A, House No.129, Shalimar Nagar, Hoshiarpur, Punjab.

…...Respondent/Complainant First Appeal under Section 41 of the Consumer Protection Act, 2019 against the Order dated 24.05.2023 passed by the District Consumer Disputes Redressal Commission Hoshiarpur in CC No.163 of 2021.

Quorum:-

Hon’ble Mr. Harinder Pal Singh Mahal, Presiding Judicial Member Ms. Simarjot Kaur, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present :-

For the appellants : Sh.Vikrant Sharma, Advocate For respondent : Sh.Umesh Kumar, in person SIMARJOT KAUR, MEMBER This Appeal has been filed by the Appellants/Opposite Parties under Section 41 of the Consumer Protection Act, 2019 (in short ‘The Act’) being aggrieved by the impugned Order dated 24.05.2023 passed by the District Consumer Disputes Redressal Commission Hoshiarpur (in short ‘the District Commission’) whereby the Complaint of the Complainant had been partly allowed.

2. It would be apposite to mention that hereinafter the parties will be referred, as had been arrayed before the District Commission.

3. Briefly, the facts of the case as made out by the Complainant before the District Commission are that the Complainant took admission in Punjabi University for LLM one year course evening course in the year 2015 for the session 2015-16. He had deposited an amount of Rs.70,010/- from his account in State Bank of Patiala in favour of Registrar Punjabi University Patiala vide receipt No.65189 dated 22.07.2015. The Complainant had simultaneously applied for admission in Army Institute Mohali and got admission in the same. Thereafter, he had left the seat of his LLM course and moved an application for refund of his fee which was deposited with OP No.2. The Official of LLM department assured him that his fee would be refunded after deducting 10% of tuition fee or maximum Rs.1,000/- whichever was less. Accordingly, an amount of Rs.69,010/- was to be refunded to the Complainant. It was assured by the official of the department that the refunded amount in shape of cheque would be posted at the address of the Complainant. The Complainant had alleged that having good faith he had relied upon the OPs. He kept waiting to receive his refund of fee amount. However he did not receive any refund. He had approached the OPs number of times for refund of his fee, but each time the OPs lingered on the matter on one pretext or the other. It was also alleged that he was entitled for refund of his fee as per the rules mentioned in the hand book for the year of 2015- 16 published by the OPs. The handbook/rule book clearly stated in the refund section that if any candidate leaves the course before start of classes, then the refund would be made by deducting 10% of tuition fee, maximum of Rs.1000/- as processing fee. It was also mentioned in the refund section/rules that concerned Head of Department would certify that the seat vacated by candidate had been filled. The Complainant had moved an RTI application to find out about the status of seat vacated by him, whether it was filled by admitting some other candidate or not. He had received information vide letter No.7521S- 5/977/19/RTI cell dated 07.10.2019, that there were total 30 seats for candidates of LLM and all the seats had been filled. No seat was left vacant. Since all the seats had been filled the Complainant as per the rule book was entitled