BHARTIYA VIDHYA BHAWAN Vs. ROHIT KUMAR

JUDGEMENT

(1.) THE facts of the case are, that the complainant for the academic year 2006 -07 took admission in August, 2006 in OP Bhartiya Vidhya Bhavan for one year diploma course in Hotel Management, and for which he deposited as fees an amount of Rs. 20,000/ - on 31.8.2006. The complainant met with an accident and his leg was fractured. He lodged an FIR u/s 279/337 IPC in connection of accident with the Police, the copy of which and a photograph of his fractured leg are available on file. The complainant 's case is, that he contacted the OP several times and requested the OP to return the fee amount, which the OP declined. The complainant, therefore, filed a complaint before the District Consumer Forum with a prayer that the OP be directed to refund him Rs. 20,000/ - and a compensation of an amount of Rs. 10,000/ -.

(2.) THE OP opposed the claim and filed the written statement alleging, the Information Brochure for the academic year 2006 -07 supplied to the candidate, before admission, provides in Clause 11, that fees once deposited, would not be refunded under any circumstances whatsoever. The OP pleaded, that the complainant never intimated the OP about the fact of his accident, and that the complainant did not attend the classes. The OP pleaded that OP is a charitable institution and denied any deficiency on it 's part.

(3.) THAT is what brings the appellant in appeal before this Commission.