LITUN PRADHAN Vs. NEELACHAL INSTITUTE OF MEDICAL SCIENCE

JUDGEMENT

(1.) Challenge in this Revision Petition, by the Complainant, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") is to the order, dated 14.08.2009, passed by the Orissa State Consumer Disputes Redressal Commission (for short "the State Commission"). By the impugned order, the State Commission, while allowing the Appeal, filed by Neelachal Institute of Medical Science, Respondent herein, against the order, dated 02.07.2007, passed by the District Consumer Disputes Redressal Forum, Khurda, Bhubaneswar (for short "the District Forum"), has dismissed the Complaint filed by the Petitioner. In the Complaint, the Petitioner had prayed for a direction to the Respondent to refund the fees and other charges deposited by her at the time of taking admission in the Bachelor of Physiotherapy (BPT) course, along with compensation for the mental agony and harassment caused to her because of misrepresentation made by the Respondent. The State Commission has come to the conclusion that there was absolutely no deficiency in service on the p of the Respondent Institution and the Petitioner had left the studies midstream on her own volition.

(2.) Succinctly put, the material facts are:-

(3.) Yet again, while communicating the proceedings of the Parents meeting, held on 15.01.2006, regarding examination for BPT course for the session 2004-05, certain further clarifications were issued vide Respondent's circular dated 23.01.2006. The relevant paragraphs thereof read as follows:-