P SURESH KUMAR Vs. R VASANTH

JUDGEMENT

(1.) This matter has been referred to me by the Hon'ble President of this Commission to express my views/opinion on whether to agree with the order passed by Hon'ble Mr. Justice B. N. P. Singh, Presiding Member or the order passed by Hon'ble Mr. Suresh Chandra, Member on the Revision Petition No. 2514 of 2008 heard by them, on which there is a diversion of opinion.

(2.) The facts of the case are that the respondent-complainant was admitted to the Bangalore Institute of Aeronautical Engineering and Information Technology for the course 2005-06. The Institute had claimed in its prospectus that it was imparting intensive training programme in a number of technical disciplines, including the Aeronautical Engineering and Information Technology. The respondent-complainant had obtained a loan from a Bank and deposited a sum of Rs. 33,500/- on account of admission fee/tuition fee/mess facilities. A further sum of Rs. 2000/- was also paid in cash on 31st of August, 2005. However, despite receiving the necessary fee, opposite party no. 1/Bangalore Institute of Aeronautical Engineering and Information Technology (not before this Commission) failed to issue registration card and also did not provide hostel mess facility. It was further discovered by the respondent-complainant that the Institute had neither any affiliation nor recommendation of any University or Government. After having failed to get any response to a legal notice, the respondent-complainant approached the District Forum by filing a consumer complaint, seeking refund of his fee etc. In the complaint, he had arrayed the present petitioner, who is the District Employment Officer, as Opposite Party No. 2, as according to the respondent-complainant he was persuaded by an advertisement/article by the petitioner published by a reputed local newspaper.

(3.) The District Forum held opposite party no. 1/Institute and the present petitioner, who was opposite party no. 2 before it, jointly liable and directed them to refund the amount of Rs. 35,500/- to the respondent-complainant with interest @ 10.75% from 19th of September, 2005. A compensation of Rs. 25,000/- too was awarded for deficiency of service along with cost of Rs. 5000/-.