DEVENDRA K MODI Vs. KISHORE SINGH

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 17.4.2008 passed by the learned District Forum, Jodhpur whereby the Appellants were directed to pay to the Complainant a sum of Rs. 45,000/ - with interest @ 9% per annum from 13.2.2007 till the date of payment and to pay Rs. 10,000/ - as compensation for mental agony and Rs. 1,500/ - as cost of litigation.

(2.) A Management Aptitude Test was conducted wherein the Complainant was found successful. He was called for a Group Discussion and Personal Interview and thereafter he was selected for admission to 2006 -08 batch for Management Course. The Complainant was advised to deposit fee of Rs. 50,000/ - by February 15, 2006 failing which he was informed that seat would be allotted to the next waiting list candidate. The Complainant vide Demand Draft dated 17.2.2006 deposited Rs. 50,000/ -. The Complainant due to his personal problems, was not able to join the above course and therefore vide letter dated 1.7.2006 made a request to the Director, Management Course, Modi Nagar to delate his name from the course and allot the seat to some other eligible candidate. He further requested to refund Rs. 50,000/ -. The fee was not refunded to the Complainant which gave rise to the filing of the present complaint.

(3.) THE Opposite Party (OP) No. 1 and 2 filed their reply wherein they objected to refund of fee on the ground that the Complainant himself left the Institute and therefore was not entitled to get refund of amount. The OP No. 3 remained ex -parte as he did not put his appearance despite service of notice. The learned District Forum after deducting Rs. 5,000/ - on account of amount spent by the Appellants on interview and group discussion allowed Rs. 45,000/ - with interest @ 9% per annum and feeling aggrieved this appeal has been filed by the OPs.