VIJAY BAHADUR SINGH SOLANKI Vs. ANKIT

JUDGEMENT

(1.) MR . Justice Bhanwar Singh, President (Oral) -The case called out. None responds on behalf of the appellants of these two appeals. Mr. T .H. Naqvi, learned Counsel along with the entire strength of the respondents is present before us. He has argued his case on behalf of all the respondents of the two appeals. Since the facts and circumstances giving rise to these appeals are common, we take up both the appeals together for disposal.

(2.) BY virtue of the two separate judgments of the same date i.e. 5.12.2008, the District Consumer Forum, Kanpur Nagar had allowed the two separate complaints of the sixteen respondents who were students of the Intermediate classes, taking education in Bandana Uchchatar Madhyamic Vidhyalaya, Gujaini, Kanpur Nagar. The appellant Sri Vijay Bahadur Singh Solanki is the Manager of the said institution. By means of these judgments, the appellants were directed to refund to all the students the fees they had deposited during the Academic Sessions 2006 -2007 and 2007 -2008. In addition a sum of Rs. 10,000 was awarded as compensation to each respondent. There was a default clause also according to which if the refund of the fees and the payment of compensation was not made within three months from the date of the judgment, 10% interest liability too was leviable. As usual the litigation charges of Rs. 1,000 each too had to be paid by the appellant.

(3.) THE facts giving rise to these appeals are very simple. The sixteen respondents took, in July 2006, admission in Bandana Intermediate College, Kanpur Nagar in Class XI so as to appear in the Intermediate final examination 2007 -2008 and deposited various kinds of fees such as admission fees, tuition fees, examination fees and practical fees. After successfully completing their first year academic course, all these students appeared in the annual examination and all of them were declared as successful in the said examination of 11th Class with the result that they were promoted to Class XII so as to begin their final year of the Academic Session 2007 -2008. Again they were asked to deposit all kinds of fees as referred to above and all of them complied with the directions of the management. While taking education they had filled up their final examination forms and incurred an expenditure of Rs. 1,500 each for the examination form fees and Rs. 750 each for the practical test. Traversing through their usual course of academic session and education when they asked the authorities to handover to them their admit cards authorizing them to appear in the final examination, they came to learn that Bandana Intermediate College was not recognized college so as to impart education to the students of Intermediate classes. This information was received by each one of them as a rude shock which went down their spine and frustration for all of them was the result. This news shattered their dreams of bright future. However, they had no alternative except to approach the authorities who assured them of a legal action against the management of the college but even such an action would not have brought them back the important crucial time of two years of their life which had gone waste in taking education in an unrecognized college. Being compelled with these circumstances, the respondents filed their complaints in two batches and since the college authorities despite service of notice upon them did not appear before the Forum below to contest the complaints, the Forum below proceeded ex parte and decided the two complaints as indicated earlier.