SHIV KUMAR Vs. M/S. DIVYA INSTITUTE

JUDGEMENT

(1.) Revision Petition no. 2072 of 2016 has been filed against the judgment dated 6th May 2016 of the Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla ('the State Commission') in First Appeal no. 35 of 2016.

(2.) The brief facts of the case as per the petitioner/ complainant are that the petitioner filed a complaint against the respondent/ opposite party Divya Institute alleging that pursuant to an advertisement got published by the respondent in certain newspapers and also after going through a pamphlet circulated by the respondent, the petitioner took admission in M P Ed course run by the respondent for the academic session 2008-2009. Initially, the petitioner had deposited Rs.15,000/-, thereafter he deposited Rs.2,500/- on 20.06.2009 and Rs.2,000/-. He was issued an admit card for taking examination for the first year. The petitioner took examination, as per time table appearing in the admit card. However, the result was not declared. When the petitioner approached the respondent to find out why the result had not been declared, he was informed that some money was still due from the petitioner and, in case, the petitioner pays that amount of money, the result would be declared within two weeks. The petitioner paid Rs.2,500/- on 24.02.2010. The result was not declared even after the payment of the aforesaid amount of Rs.5,000/-. On these allegations, the petitioner prayed for issuance of direction to the respondent, to compensate him to a sum of Rs.3.00 lakhs for causing him mental pain and affecting his career adversely.

(3.) The complaint was contested by the respondent. It was admitted that the petitioner had taken admission at Divya Institute for M P Ed for a two year course. It was also admitted that the respondent had taken the examination for first year. However, it was stated that against the amount of Rs.30,000/- payable by the petitioner, the petitioner paid only a sum of Rs.24,500/- and due to this reason, the result had not been declared by Singhania University, Jaipur, Rajasthan, which had conducted the examination.