The Supreme Court today upheld the order of consumer fora that a college is bound to refund the fee of a student as it lacked recognition",a lacuna which amounted to deficiency in service. The apex court agreed with the contention of the student that she suffered loss of an academic year and mental harassment due to the unrecognised status of the college which forced her to withdrew her admission in it. A bench of Justices Markandey Katju and T S Thakur directed the Vinayak Mission Dental College to refund the entire fee of Rs 5.15 lakh with interest to the student. It,however,set aside the order of the fora which had directed the college to pay a compensation of Rs 2.5 lakh. The apex court passed the order while disposing of the college's appeal challenging the concurrent findings of the Delhi State Consumer Commission and the National Commission which had held the college guilty of deficiency in service. While the State Commisssion had imposed a fine of Rs 6.15 lakh,besides asking it to refund the Rs 5.15 lakh fees,the National Commission pruned the compensation amount to Rs 2.5 lakh. Aggrieved,the college appealed in the apex court. "We are of the opinion that refund of the amount of fee deposited by the student with interest at the rate of 12 per cent per annum with effect from July 31,2000 till the date of payment meets the ends of justice," the bench said. The college had argued that there was no evidence that Khare had suffered any prejudice or inconvenience upon taking admission in it. The complainant refuted the contentions,saying that the Commission was justified in holding that there was deficiency in service on the part of the college. Khare had earlier filed a complaint with the Delhi State Consumer Commission alleging loss of an academic year and harassment by the unrecognised dental college in which she secured admission in the dental course.
