ABHIGHYAN BHATTACHARYA Vs. SCHOOL OF ENGINEERING & TECHNOLOGY

JUDGEMENT

(1.) Revision Petition has been filed by the Petitioner under Section 21 (b) of the Consumer Protection Act, 1986 against the order passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as "the State Commission") in First Appeal No.1111/2013 dated 13.08.2015.

(2.) Case of the Petitioners/Complainants is that Respondent No.2 published an advertisement informing admission for B. Tech and diploma course in Engineering for 2011-12. The advertisement mentioned that the institute was approved by Singhania University, Rajasthan. On seeing the advertisement, the Petitioner/Complainant took admission in B. Tech (Civil Engineering) Course in School of Engineering and Technology Institute. A fee of Rs.50,000/- was paid as university admission fees and a sum of Rs.52,500/- towards tuition fees in June, 2011. The Petitioner/Complainant also stated that Respondent No.4, an agent of A to Z Consultant was also paid Rs.75,000/- for securing a seat under the management quota. Petitioner No.1 joined the classes in the Institute. However, no regular classes were held. On checking the website he found that the institute was not recognized with Singhania University, Rajasthan but from CMG University, Meghalaya. The advertisement was totally false, baseless and frivolous. On checking the UGC website, circular dated 01.09.2011 revealed that some of the Universities are running centres on franchise basis which was not allowed and private university cannot affiliate institutions and colleges. They also cannot establish campus centres beyond the territorial jurisdiction of the State. In the aforesaid circumstances, the Petitioner filed Complaint before the District Forum with following prayer: -

(3.) Respondents No.1, 2 & 3 contested the case. They contended that the Complaint was not maintainable in law. The Opposite Parties denied all the allegations made in the Complaint and stated that necessary documents will be submitted by the Opposite Parties at the time of hearing. The District Forum allowed the Complaint on contest and ordered as follows: -