Case nº Revision Petition No. 3617 Of 2011, (Against the Order dated 29/07/2011 in Appeal No. 6/2011 of the State Commission Kerala) of National Consumer Disputes Redressal Commission, September 06, 2012 (case 1. Anil V. Anand and Anr. 2. V.Vijayanand Vs Institute Of Human Resource Development)

JudgeFor Appellant: Mr.Sudeep Singh, Advocate for Mr.Kamal Mehta, Advocate and For Respondents: Mr.Raghenth Basant and Mr.Shinoj Narayanan, Advocates
PresidentMr. Ashok Bhan, President and Mrs. Vineeta Rai, Member
Resolution DateSeptember 06, 2012
Issuing OrganizationNational Consumer Disputes Redressal Commission


Based on his rank in Kerala Engineering Entrance Examination and counseling by the respondent/, petitioner No.1/complainant No.1 was offered admission under management quota in Electronics & Communication branch in Model Engineering College, Ernakulam. Petitioner paid a sum of Rs.38,700/- on the spot towards annual tuition fee for the year 2005-06. He also paid Rs.10,370/- towards miscellaneous fee on 22.7.2005. Petitioner was selected in Birla Institute of Technology & Science (BITS), Goa Campus in August 2005 under merit quota well before the closing date of admission in the respondent institute. Petitioner vacated the seat in respondent institute and applied for refund of the entire fee paid by him. Respondent refunded the miscellaneous fee of Rs.10,220/- only. Request made by the petitioner for refund of the admission fee of Rs.38,700/- was declined. Being aggrieved, petitioner filed complaint before the District Forum.

District Forum allowed the complaint and directed the respondent to refund the sum of Rs.38,700/- with interest @ 9% p.a. from 20.1.2005 till realization. Rs.10,000/- were awarded by way of compensation and Rs.2,000/- towards costs. Respondent was directed to comply with the order within one month failing which it was made liable to pay interest @ 12% p.a.

Respondent, being aggrieved, filed appeal before the State Commission, which has been partly allowed. Seat vacated by the petitioner was filled and a new student was admitted against that seat. State Commission, taking that the respondent had charged only Rs.4,907/- from the subsequent student, modified the order of the District Forum and directed the respondent to refund the sum of Rs.4,907/- only instead of Rs.38,700/- awarded by the District Forum. Direction to...

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