VACHASPATI JHA Vs. SHUSHIL KUMAR KHAN

JUDGEMENT

(1.) The complainant / respondent, who is a resident of Village Bangaon in Distt. Saharsa of Bihar came across an advertisement published in a daily newspaper namely 'Dainik Jagran' issued by the petitioner / opposite party and based upon the said advertisement he got his son admitted in Class XI (Mathematics) in the Institute being run by the petitioner at Bhagalpur, paying a sum of Rs.25,000/-, followed by a further payment of Rs.17,000/-. According to the complainant, he was promised by the petitioner that his son will be accommodated in the hostel run by the petitioner. Initially, the hostel facility was provided to the son of the complainant, but later on, he was asked to vacate the hostel. The petitioner however, did not return the money, which he had taken from the complainant, who on account of withdrawal of the hostel facility, got his son admitted in another institute at Saharsa. Being aggrieved, the complainant approached the concerned District Forum by way of a complaint, seeking refund of the amount which he had paid to the petitioner.

(2.) The petitioner was proceeded ex-parte, since he did not appear despite service of notice on him. The District Forum, vide its order dated 30.11.2011, directed the petitioner to pay compensation quantified at Rs.25,000/- for the harassment of the complainant and also return the amount of Rs.27,250/- which he had deposited, thereby making a total sum of Rs.52,250/-.

(3.) Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal. The main plea taken by him before the State Commission was that the District Forum, Saharsa had no territorial jurisdiction in the matter. On merits, it was alleged that the son of the complainant had left the Institute of his own and there was no deficiency on the part of the petitioner in rendering services to the complainant.