LAWS(SC)-2010-7-9

CONTROLLER VINAYAK MISSION DEN Vs. GEETIKA KHARE

Decided On July 09, 2010
CONTROLLER, VINAYAK MISSION DEN. COL. Appellant
V/S
GEETIKA KHARE Respondents

JUDGEMENT

(1.) Leave granted.

(2.) National Consumer Disputes Redressal Commission, New Delhi, has by the order impugned in these appeals upheld an ex parte order passed by the State Commission directing refund of a sum of Rs. 5,15,000/- to the respondent with interest @ 12% p.a. but reduced the amount of compensation awarded to the respondent to Rs. 2,50,000/-only as against Rs. 6,15,000/-awarded by the State Commission.

(3.) The facts giving rise to the appeals have been set out in the orders passed by the State Commission and that passed by the National Consumer Disputes Redressal Commission, New Delhi. We need not, therefore, repeat the same here again. Suffice it to say that the respondent had filed a complaint against the appellant herein alleging deficiency in service and seeking not only refund of Rs. 5,15,000/-paid by her towards fee but also compensation for the loss of an academic year and mental harassment etc. The respondent's case as set out in the complaint was that she had secured admission to a BDS college established and run by the appellant but had to withdraw from the same on account of lack of recognition of the said college and also other deficiencies, which not only caused inconvenience and mental harassment but also resulted in the loss of an academic year. The State Commission passed an ex parte order on 25th March, 2004 granting the following reliefs to the respondent: