Date:30/11/2008 URL: http://www.thehindu.com/2008/11/30/stories/2008113058240200.htm

Tamil Nadu - Chennai

Bench orders college to refund fees and recompense MCA student

Special Correspondent

CHENNAI: A city consumer disputes redressal forum has directed the Chairman of a group of educational institutions here and an engineering college to jointly and severally refund Rs.48,615 collected from an MCA student and pay compensation of Rs.10,000 for the mental agony and Rs.3,000 costs to her for deficiency in service.

In her complaint to the District Consumer Disputes Redressal Forum, Chennai (South), G.Brindha represented by her power of attorney agent of Thousand Lights here, submitted that she joined the MCA course in 2005 in the Mohd.Sathak Engineering College, Keezhakarai, after paying the fees.

Anna University withheld her results of the second semester examination stating that since she did not have mathematics as a subject in the undergraduate course she was not eligible to join the MCA course. She paid the tuition fees for the second year as compelled by the college. The college agreed to return the original certificates only if she gave an undertaking that she could not claim refund of the fees paid. She submitted the same.

She was put to mental agony because, after admitting her, she was informed that she was not eligible and the college forced her to pay the fees.

The Chairman, Mohd.Sathak Group of Educational Institutions, Chairman of the engineering college and the Registrar, Anna University, were cited as opposite parties. The first two opposite parties did not appear before the forum and were set ex parte. Anna University submitted that a perusal of the student’s marksheets revealed she had not studied mathematics as a subject either at the higher secondary or the degree level as prescribed in the eligibility condition. Hence, she was found ineligible for admission to the course. The university submitted there was no deficiency in service on its part.

In its order, the Forum Bench comprising P.Rosiah, President and Y.Malliga, Member, said that the complaint against the university was being dismissed without costs. The Bench said the college, having been aware that the complainant was not eligible for MCA, admitted her for the course and collected fees. It was nothing but deficiency in service. Though the complainant had given an undertaking that she could not claim refund of tuition fees while receiving the original certificates, that would not be binding on her; to get back the certificates safely and on insistence she gave the letter.

The educational institutions group and the college had not denied the averments in the complaint by filing their version.