J K DOGRA Vs. SIDDANT DUBEY

JUDGEMENT

(1.) This is an appeal in terms of Section 17 of the Jammu & Kashmir Consumer Protection Act, 1987 against the judgment and award dated 18.02.2010, passed by the J&K Consumer Disputes Redressal Commission, Jammu (in short "Commission"), whereby an amount of Rs. 1,08,000/- with interest @ 9% per annum from the date of filing the complaint till realization has been awarded. Besides this, the Commission has also awarded exemplary compensation amounting to Rs. 10 lacs for the loss of one academic year of the complainant.

(2.) Briefly stated, the material facts are as under:-

(3.) A complaint came to be filed by the complainant-respondent herein against the appellant, wherein it was alleged that the complainant was duped by making false representations and allurements that he would be subjected to a comprehensive training for obtaining the Commercial Pilots License. It was alleged that an amount of Rs.15,000/- was paid as admission fee and subsequently an amount of Rs. 56,000/- was paid as ground school fee, instead of the actual Rs. 45,000/-, which was supposed to be charged on that account. It was thus alleged that the appellant had retained Rs. 11,000/- fraudulently. Besides this, it was also alleged that another Rs. 25,000/- was charged as a "letter of acceptance fee?. Total amount paid was Rs. 96,000/- by the complainant. It was alleged that the complainant joined the course in Delhi from 10th July, 2008 for a period of 35 days, during which he was subjected to a medical examination on the instructions of the appellant.