The Hindu : Tamil Nadu News : Commission stays District Consumer Forum’s order

Online edition of India's National Newspaper
Monday, Sep 24, 2007
ePaper

Tamil Nadu

Tamil Nadu

Commission stays District Consumer Forum’s order

Special Correspondent

Directing SASTRA University to refund the I semester fees

THANJAVUR: The State Consumer Dispute Redressal Commission stayed the orders of the District Consumer Forum, Thanjavur, directing SASTRA University to refund the I semester fees collected from five students, who left the institution on their own volition after joining the programme.

Earlier, the District Consumer Forum, Thanjavur, based on the Government Order of the Education Department of Government of Tamil Nadu, 1985, has directed SASTRA University to refund the fees collected with interest to five students, who left the institution during 2002, 2003 & 2004 after securing admission in other institutions.

SASTRA University preferred an appeal against the above orders before the State Consumer Dispute Redressal Commission on the grounds that the District Consumer Forum, which is bound by the orders of the National Commission Forum and the Supreme Court, has not considered the decision already pronounced by the National Commission Forum, that (a) the District Consumer Forum has no jurisdiction directing refund of fees, as non-refund of fee is not a deficiency of service as defined in the Consumer Protection Act, (b) the students are bound by the prospectus based on which they got admission in the respective institution and the Consumer Forum has no jurisdiction to consider the prospectus and the District Consumer Forum ought to have seen that any order issued by the State of Tamil Nadu is not binding on SASTRA, it being a Deemed University, as Deemed Universities are beyond the legislative or executive control of the State Government or State Legislature as decided by the Supreme Court in the case of Bharatiya Vidyapeeth.

SASTRA also contented that the District Consumer Forum, Thanjavur, failed to appreciate that the University has not insisted for the collection of the balance remaining fees, but issued the Transfer Certificate, Mark Sheet etc. to the candidates without any delay, although it has been mentioned in the prospectus that if the students leave the institution, after joining the programme, causing a vacancy resulting in financial loss, the university can collect the remaining semester fees as per the prospectus.

The State Consumer Dispute Redressal Commission has admitted the appeal filed by SASTRA University in all the 5 cases and stayed the orders of the District Consumer Forum, Thanjavur, with condition that SASTRA should deposit 50 per cent of the amount in the bank.

Printer friendly page
Send this article to Friends by E-Mail