KULWINDER PAL SINGH Vs. ANITA SINGH

JUDGEMENT

(1.) THIS order will dispose of two appeals i.e. First Appeal No.464 of 2010, Kulwinder Pal Singh son of Darshan Singh resident of D.K.Motors, Hero Honda, Near Budhawar Chowk, Hazipur, Tehsil and District Hoshiarpur v. Mrs. Anita Singh wife of Satnam Singh resident of VPO Rajwal, PS Talwara, Tehsil Mukerian, District Hoshiarpur and Another and First Appeal No. 1171 of2010, titled as Kulwinder Pal Singh son of Darshan Singh resident of D.K.Motors, Hero Honda, Near Budhawar Chowk, Hazipur, Tehsil and District Hoshiarpur v. Mrs. Sareen Berry wife of Navtej Singh, resident of village Dosarka, Talwara, Tehsil Mukerian, District Hoshiarpur and Another.

(2.) BRIEF facts of the case are that appellant and respondent No.2 were running "Guru Nanak Institute" at Talwara. Appellant and respondent No. 2 represented to the respondent No. 1 that she can seek admission in ETT Course. The appellant and respondent No.2 also disclosed that the classes will be held in their institute at Talwara, but the candidate had to appear in the examination at Jammu. It was the case of the respondent No. 1 that appellant and respondent No. 2 charged Rs. 5,000 at the time of admission from the respondent No. 1. The appellant and respondent No. 2 were charging @ Rs. 600 per month as fee as well as counselling fee was also charged from the respondent No.1. The appellant and respondent No. 2 totally charged Rs. 30,000 from the respondent No.1. Respondent No. 1 attended the institute for one year. It was the allegation of the respondent No.1 that she was approaching the appellant and respondent No. 2 for counselling, but of no avail. When the respondent No. 1 pressed hard for the counselling and the examination of ETT, the appellant and respondent No. 2 demanded Rs. 20,000 on the pretext of providing seat in the Management Quota. The appellant and respondent No. 2 failed to arrange for the counselling and the examination. Complaint was filed by respondent No.1 praying for refund of Rs. 30,000 as well as Rs. 60,000 as costs.

(3.) APPELLANT was proceeded against ex parte on 29.9.2009 at District Forum.