NIMS MEDICAL COLLEGE Vs. HARSH MATHUR

JUDGEMENT

(1.) This revision is directed against the order of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, "the State Commission) dated 19.2.2014 in first appeal No.650/2012.

(2.) Briefly stated, facts relevant for the disposal of the revision petition are that earlier the respondent filed a consumer complaint No.15/200 before District Consumer Redressal Forum, Rewari on 2.1.2007 which was subsequently withdrawn pursuant to the order of the District Forum on 29th September, 2008 with liberty to file fresh complaint before the Consumer Forum having territorial jurisdiction.

(3.) The respondent thereafter filed consumer complaint before District Consumer Redressal Forum, II, Jaipur on the allegation that the complainant took admission in the petitioner institute for Bachelor of Physiotherapy, Academic Session 2006-2007. The complainant on admission deposited fee of Rs.94,000/- which included Rs.55,000/ as fee for the course, Rs.10,000/ as hostel charges, Rs.10,000/- as mess charges, Rs.10,000/- as caution money, besides Rs.9,000/- as caution money for the hostel. It is the case of the complainant that before the admission, father of the complainant was assured that complainant would be allotted hostel room as per his entitlement and he would be properly taken care of. On being assured in this regard, father of the complainant left in in the college. However, after a wait of eight hours, the complainant was provided a small room in the hostel in which four students were already staying. The complainant protested and he was assured that he would be allotted some other room within a day or two. Despite of repeated requests, the complainant was not allotted a proper room in the hostel. It is further the case of the complainant that he was ill-treated in the hostel room by other students and because of that the complainant was compelled to withdraw from the petitioner institution on 20th July, 2008. Thereafter, the complainant requested for refund of fee as also his original certificates which were deposited at the time of admission but the petitioner/opposite party failed to oblige. Being aggrieved by non-refund of the fee, the complainant filed the consumer complaint.