MANISH VERMA Vs. SUNNY

JUDGEMENT

(1.) THIS appeal is directed against the order dated 6.9.2012, passed in Consumer '"Complaint No. 121/2011 by the learned District Consumer Disputes Redressal Forum, Una, H.P., whereby the opposite parties were held jointly and severally liable and directed to refund/pay Rs. 7.60 lacs along with interest @ 9% per annum, from the date of filing of the complaint i.e. 28.10.2011 till the said amount is paid or realized. Opposite parties were further directed to pay Rs. 1.00 lacs, as punitive compensation and costs of the complaint which was assessed at Rs. 5,000. Parties are hereinafter referred to as per their status in the complaint. Facts of the case as they emerged from the complaint file are that after passing the intermediate examination in medical stream, he was interested to get the admission in the M.B.B.S. Course and he saw advertisements in different newspapers that opposite parties are running Medical College in the name of Swami Institute of Medical Sciences and Research, Narayan Swami Estate, Nanda Ki Chowki, and approached the opposite parties for admission in their institute. The opposite parties have agreed for giving admission in the said course subject to payment of Rs. 5.00 lacs and a sum of Rs. 2,60,000, as admission fees, and another charges. Further, averments in the complaint are that assurance was also given to him by the opposite party that their medical institute is recognized and registered with the Medical Council of India. On the basis of the said representation, the complainant took admission in MBBS First Year in the college of the opposite parties by making payment of Rs. 5.00 lacs and Rs. 2.60 lacs as admission fees and other fees charges and, accordingly, he was given admission in the first year of MBBS course by the opposite parties. It is also alleged by the complainant that after studying for one year, complainant filled the examination forms for the first year examination, upon which he received admit card and roll number for appearing in the said examination to be conduced by Hemwati Nandan Bahugana Garhwal University, Srinagar at Garhwal. After examination, complainant came to know that his institute of medical sciences has not been recognized and registered by the Medical Council of India, as such his result could not be declared. Thereafter, he along with other students contacted the opposite parties and inquired from them, as to why the opposite parties had given admission to them in their institute while their institute was not recognized, upon this the opposite parties delayed the matter on one pretext or the other, as a result of which, complainant suffered mental tension and financial loss. The complainant also approached the opposite parties to refund the amount paid by him, but they flatly refused to refund the same, which act as per the complainant amounts to indulgence in unfair trade practice, since by misrepresentation and fraud of opposite parties, two precious years of career of the complainant, have been spoiled. Hence deficiency of service has been alleged on the part of the opposite parties. In this background of the case, complaint, under Section 12 of the Consumer Protection Act, 1986, has been filed with the prayer that opposite parties be directed to pay compensation of Rs. 16,60,000 along with interest and costs had also been claimed, since the complainant had to pay the rent at Dehradun for the period he hired the accommodation at Dehradun for attending the class, as such, deficiency of service has been alleged on the part of the opposite parties.

(2.) NOTICE of this complaint was sent to the opposite parties. Since the notices sent to the opposite parties had not been received back either served or unserved, as such, vide order dated 6.1.2012, deemed service had been presumed against the opposite parties and they were proceeded against ex parte.

(3.) WE have heard learned Counsel for the parties and have gone through the record of the case minutely.