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State Consumer Commission, UP Rules In Favor Of Student, Orders College To Refund Fees And Compensate For Mental Distress
Praveen Mishra
16 Jan 2024 5:22 PM IST
State Consumer Commission, UP presided over by Mr. Justice Ashok Kumar, the Chairman, declared a verdict in favor of the appellant, Ketan Kumar Singh, in a dispute against S.M. College of Veterinary Sciences and Animal Research. The appeal was filed against the order of the District Consumer Protection Commission, Mathura. The appellant sought relief under the Consumer Protection Act,...
State Consumer Commission, UP presided over by Mr. Justice Ashok Kumar, the Chairman, declared a verdict in favor of the appellant, Ketan Kumar Singh, in a dispute against S.M. College of Veterinary Sciences and Animal Research. The appeal was filed against the order of the District Consumer Protection Commission, Mathura. The appellant sought relief under the Consumer Protection Act, presenting his case against the college's refusal to refund his fees.
Brief Facts of the Case:
Mr. Ketan Kumar Singh appealed against S.M. College of Veterinary Sciences and Animal Research, before the District Consumer Forum in Mathura. Feeling aggrieved, with the decision of District Consumer Commission, Singh, filed a complaint under the Consumer Protection Act, challenging a decision passed by the District Consumer Protection Commission.
Mr. Singh contended that he had enrolled in the Bachelor of Veterinary Sciences (B.V.Sc.) and Animal Husbandry (A.H.) degree program at the respondent's college in 2009. Despite paying a substantial fee of INR 2,00,000 for the first year, Mr. Singh alleged that he faced difficulties regarding the recognition of the degree and was later informed that the course had lost its approval from the concerned university.
Feeling aggrieved, Mr. Singh sought a refund of INR 4,00,000 from the college, along with additional compensation for mental distress and litigation expenses. The District Consumer Protection Commission, Mathura, accepted Mr. Singh's plea and issued an order directing the college to comply with the mentioned refund and compensation within 30 days.
Observation of the Commission:
The Commission noted the appellant's claim that despite enrolling in the B.V.Sc. and A.H. degree program in 2009 and paying the required fees, he faced challenges regarding the recognition of the degree. The appellant asserted that the course lost approval from the concerned university, impacting the value of his education.
Mr. Singh's contention included allegations of unfulfilled promises by the college regarding the accreditation of the course. He claimed that due to the university's withdrawal of recognition, he suffered mental distress and incurred additional expenses in pursuing legal remedies.
The State Consumer Commission acknowledged Mr. Singh's plea for a refund of INR 4,00,000 and compensation for mental distress and litigation expenses. The District Consumer Protection Commission had previously issued an order in favor of the appellant, directing the college to comply with the refund and compensation within a specified time frame.
The Commission took note of the legal proceedings initiated by Mr. Singh, including the Consumer Protection Act complaint and subsequent appeals. The appellant sought redress for alleged deficiencies in the educational services provided by the respondent college.
The respondent, S.M. College of Veterinary Sciences and Animal Research, is directed to refund a sum of INR 4,00,000/- (Four Lakhs Only) to the appellant within 30 days from the date of this order, the respondent is further instructed to pay an annual interest of 7%, calculated from the date of filing the appeal until the refund is made, on the aforementioned sum.
And The appellant is entitled to receive INR 25,000/- (Twenty-Five Thousand Only) as compensation for mental distress and INR 5,000/- (Five Thousand Only) towards litigation expenses. These amounts must be paid by the respondent within the stipulated period of 30 days.