LAWS(NCD)-2014-2-21

INDORE MANAGEMENT INSTITUTE Vs. ANUNAYA KULSHRESTHTHA

Decided On February 11, 2014
Indore Management Institute Appellant
V/S
Anunaya Kulshresththa Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 03.10.2011 passed by the M.P. State Consumer Disputes Redressal Commission, Bhopal (in short, 'the State Commission') in Appeal No. 1844 of 2010 Anunay Vs. Vinayak Missions University & Anr. by which, while allowing appeal, order of District Forum dismissing complaint was set aside and complaint was allowed.

(2.) Brief facts of the case are that complainant/respondent was admitted in OP No. 2/Petitioner Institute. Complainant deposited fees, but as neither study was proper, nor Institute got recognition, complainant prayed for refund of the fees. Alleging deficiency on the part of OPs, complainant filed complaint before District Forum. OP resisted complaint and submitted that no refund is payable as per undertaking given by the complainant. Learned District Forum after hearing both the parties dismissed complaint against which, appeal filed by the complainant was allowed by learned State Commission vide impugned order and State Commission directed OP No. 2 to refund Rs.1,25,000/- along with 6% p.a. interest and further awarded cost of Rs.1,000/- against which, this revision petition has been filed along with application for condonation of delay.

(3.) Heard learned Counsel for the petitioner on application for condonation of delay and perused record.