SIDDHARTH CHAPLOT Vs. ICFAI UNIVERSITY AND ORS.

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 13.04.2009 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur in Appeal no. 1621 of 2008.

(2.) The brief facts of the case as per the petitioner/ complainant are that the petitioner approached the respondent no. 2 for taking admission in MBA under the special placement scheme. Respondent no. 2 asked him to deposit an amount of Rs.57,628/-. The petitioner paid an amount of Rs.10,000/- through draft and the remaining amount of Rs.47,628/- was to be paid in instalments for which he issued 12 cheques to the respondent no. 2. After this the respondent gave him an enrolment number, on 10/11/2005 along with books and permission to write the exam. When the results were declared the petitioner's result was withheld and the reason given was that the petitioner has not deposited the fees. According to the appellant the respondent has not presented the cheques before the Bank despite there being no mistake in the cheques. Hence, the petitioner has filed the complaint for declaration of April 2006 MBA results, returning the encashed cheques and damages of Rs.50,000/- and payment of other expenses.

(3.) The respondents in their reply to the complaint dated 25.09.2006 stated that the petitioner promised them that he will get issued and collect the MICR cheques and deposit the crossed MICR cheques with the respondent, therefore, cheques were not presented to the bank. The respondent has also stated that the petitioner at the time of admission was informed that the non MICR cheques presented by him would be taken but asked him to obtain the MICR cheques and deposit the same with the respondents for presenting to the Bank. The respondents have also stated that after the entire dues are deposited the results would be declared which was according to the rules therefore, the complaint be dismissed.