Feb.17: SETTLED IN COURT
Design institute told to refund admission fees
Achal Shah procured admission in the four-year B.Design course conducted by United World Institute of Design. His father Nipam Shah paid Rs. 50,000 as admission fees. The entire course was estimated to cost Rs. 8 lakh. Thereafter, due to unavoidable circumstances, Achal decided not to pursue the course. An email was sent to the institute requesting it to cancel the admission and refund the amount paid. Though the admission was cancelled, in spite of several requests, the institute failed to refund the fees.
Nipam had borrowed the admission fee amount from a relative and wanted to return it as soon as possible. It should be noted that the admission had been cancelled well before the start of the new session when admissions were still going on. Hence the seat could have been allotted to another student. Aggrieved, Nipam contacted CERS and a complaint was filed before the District Forum.
The Forum ruled in favour of the complainant. It ordered United World to cut Rs. 1,000 from the fees paid as per UGC rules and refund Rs. 49,000 with 9% interest. The institute also had to pay Rs. 2,000 for harassment and Rs. 1,000 towards litigation costs.
Point of law
An educational institute has to refund fees on cancellation of admission after making deduction as per rules.
Trackon penalised for destroying parcel
Deep Chand Gupta sent a package to his son Vinit Bindal through Trackon Couriers containing all Vinitâ€™s original academic and technical certificates. When the package was not delivered even after a week, an anxious Gupta contacted Trackon. Since he did not receive any response, he filed a complaint before the District Forum.
The courier firm contended that Vinit was posted in an Army area where private couriers were not allowed. At the time of booking, Gupta had stated that his son would pick up the package from Trackonâ€™s office at Itanagar within 30 days. Since he had failed to do so, the courier firm had destroyed the package!
The forum observed that the courier firm should not have accepted the package knowing it could not be delivered. It ordered Trackon to pay Rs. 65,000 to the complainant towards expenses of obtaining duplicates of the documents and for harassment, and Rs. 10,000 towards litigation costs. Trackon appealed to the Haryana State Commission which dismissed the appeal observing that the courier company should have returned the package. The courier company approached the National Commission.
The National Commission upheld the order passed in Guptaâ€™s favour observing that Trackon had rightly been held liable for negligence and deficiency in service.
Point of law
A courier company canâ€™t destroy a package if it canâ€™t be delivered as it may contain something valuable.