BIPLAB BISWAL Vs. ABINASH NANDA

JUDGEMENT

(1.) On the complaint filed by the respondent No. 1 (C.D. Case No. 67 of 2003, the Sambalpur District Forum by order dated 28.1.2004 has directed the appellant to refund him (respondent No. 1) Rupees 21,300 and to pay him further sum of Rupees 3,000 as compensation and rupees 1,000 as costs. The validity of this order is under challenge in this appeal.

(2.) We have heard Counsel for the parties.

(3.) The respondent No. 1 filed the complaint claiming refund of Rupees 21,300 for the uncommenced semester along with interest. He also claimed compensation and costs. His case is that he enrolled himself as a student to GNIIT with the appellant on 22.9.1999. It was a three years course consisting of four semesters along with one year of training programme after completion of the requisite semesters. He paid a total sum of Rupees 54,250 which included the course fee of Rupees 53,700. The total course fee of Rupees 53,700 comprised of course fees for four semesters i.e., @ Rupees 10,800 per semester and one year training fee of Rupees 10,500. After completing three semesters, he did not like to pursue his study further. He accordingly applied for down gradation of GNIIT three years course to 1 years. Clause 14.2 of student hand book provided refund of fees for the uncommenced semesters. He is, therefore, entitled to get refund of total sum of Rupees 21,300 on this count. As his request was not heeded, he filed the complaint.