ABANTI MALIK Vs. PRAKASH PAL

JUDGEMENT

(1.) THE petitioner, in this writ petition, has challenged the judgment/order dated 16-2-1995 passed by the state Consumer Disputes Redressal commission, Orissa in C. D. C. No. 298 of 1993 and the order dated 8-3-2000 of the National consumer Disputes Redressal Commission confirming the order passed by the State consumer Disputes Redressal Commission, orissa.

(2.) THE brief facts of the case are that opposite parties took admission in the petitioner's institution to take training in fitter Trade and as required by the institution, they paid certain amounts of money for admission as well as continuance of their study for the course extending over a period of two years and submitted their original matriculation certificate with a hope that they would come out as fitters holding valid certificate, which would enable them to pursue their career. After their admission, the opposite parties found that all the assurance to provide adequate training to the students were false and not possible in the institution for want of infrastructure and instructor/ teachers and the required machineries. Thereafter, the opposite parties filed consumer Dispute Case No. 289 of 1993 before the State consumer Disputes Redressal Commission, orissa, Cuttack with a prayer to direct the petitioner to pay compensation for loss of three years of their career, the cost of board -ing and lodging for two years, the cost of study materials and for the undue mental agony. Vide order dated 16-2-1995, the State consumer Disputes Redressal Commission, orissa, Cuttack directed the petitioner to refund to opposite party No. 1 the amount of money which he had paid at the time of admission with interest at the rate of 12% per annum from the date of deposit till payment and compensation of Rs. 20,000/- to be paid within a month failing which to pay interest at the rate of 12% per annum from the date of default till payment. The commission also directed the petitioner to refund to opposite party No. 3 Rs. 3,820. 00 which he had paid with interest at the rate of 12% per annum from the date of deposit till date of refund together with a sum of Rs. 10,000. 00 as compensation to be paid within one month from the date of receipt of order failing which to pay interest at the rate of 12% thereon. The Commission also further directed the petitioner to return the matriculation Certificate to opposite party No. 1 within one month from the date of order failing which to pay a further compensation of rs. 10,000. 00 with interest at the rate of 12%.

(3.) AGAINST the said order dated 16-2-95 passed in C. D. C. No. 298/1993 by the State commission, opposite party Nos. 1 and 2 filed F. A. No. 367 of 1995 and F. A. No. 381 of 1996 respectively before the National consumer Disputes Redressal Commission, New delhi and the Director of the Institute in question has filed a Revision Petition No. 1311 of 1996 before the National commission against the order dated 30-5-1996 passed in M. C. No. 14/95 by the State commission, Orissa. The appeals and the revision were heard together and vide order dated 8-3-2000, the National Commission disposed of the appeals and revision with the following orders :