The Pune District Consumer Disputes Redressal Forum has ordered the Marathwada Mitra Mandal’s Institute of Technology and Directorate of Technical Education (DTE) to pay a compensation of Rs10,000 and suit cost of Rs5,000 to a student for denying her the refund of fee after she cancelled her admission to the college. The forum has also ordered the college to refund the fee to the student, Bhakti Vora.
Vora had cancelled her admission on September 9, 2010, and was asked by the college to wait till the cut off date of the admission which was September 25.
The order issued by forum president VP Utpat and member SM Kumbhar observed that there was no fault from the student’s end for not filling the vacant seat and she cannot be blamed for it.
The order was issued on a plaint filed by Bhakti’s father Sanjay, a resident of Kailash Heights near Girdhar Bhavan in Gultekdi. Vora, in his plaint filed on January 17, 2012, named Marathawada Mitra Mandal’s Institute of Technology and the Directorate of Technical education (DTE) as respondents.
Sanjay alleged in his plaint, “My daughter Bhakti took admission with the institute which is controlled by DTE. At the time of the admission, we paid Rs62,250. The academic session of the institute commenced from August 23, 2010, and the cut off date for admission process was September 25, 2010.”
He added, “Bhakti cancelled her admission on September 9, 2010 and applied for the refund of fee. However, we were informed that since the admission was cancelled after the start of the academic year, we will have to wait for the cut off date. We were further informed that if the seats are not filled up, we will not get the refund.”
He added, “Then the institute and DTE argued that as per rule 8.9, if the admission is cancelled before start of the academic session, the candidate is entitled to get refund sans Rs1,000 process fee. If the admission is cancelled after the beginning of the academic session and the vacant seat could be filled by the college before the cut off date, then the candidate is entitled for refund of fee after deducting the fee,” he said.
He added, “And if the admission is cancelled before or after the start of the academic session and the seat could not be filled by the institute, then the candidate is not entitled for refund except the security deposit. Later, the institute maintained it could not fill the vacant seat and therefore we were not entitled for refund except the security deposit.”
The forum observed, “There is no bar to the institute for filling up the vacant seat. Even though it reveals from the record that no student took admission after the cancellation of admission, Vora cannot be blamed for it.”
It also mentioned that Vora is entitled for refund of fee after deducting Rs2,000 as processing fee and other charges. Vora is also entitled for compensation of Rs10,000 for mental and physical agony, Rs5,000 for costs of proceeding and refund of the Rs60,250 fee along with 9 % interest.”