SEEMA Vs. ROHIN SACHDEVA

JUDGEMENT

(1.) -THIS appeal is filed by Miss Seema - complainant against the order dated 16. 7. 2002 of the District Consumer Disputes Redressal Forum, Moga (in short 'the District Forum') by which the complaint of the complainant was dismissed in the following terms:

(2.) BRIEF facts of the complaint are that complainant took the admission by paying a fee and other charges of Rs. 1,01,200 in BAMS degree course in the year 1996-97 in respondent No. 2-College. The College Administration through advertisement and prospectus stated that they had been recognized by Govt. of Punjab and approved by Central Council of Indian Medicine, New Delhi (for short 'the CCIM' ). Later on, it was detected that the college was provisionally recognized by the CCIM and permitted to admit the students for the academic years 1996-97 and 1997-98, subject to grant of affiliation by Panjab University, within whose jurisdiction it then fell but the Panjab University did not grant any affiliation to the college as they did not possess the required infrastructure for running the BAMS course study. The exams of complainant along with other students were not conducted till, 1999 and the students filed writ petition in the Hon'ble High Court of Punjab and Haryana and the same was decided as compromised on 21. 12. 2000 and Baba Farid University, in whose jurisdiction the college at that time was directed to hold special Counselling for admitting these students in academic sessions of 1996-97 and 1997-98 of other recognized medical institutions under it. It was stated that the order of the Hon'ble High Court was passed to accommodate the students of the college admitted during disputed session and the complainant had to take fresh admission in BAMS course and wasted her four years, admission fee and other dues of Rs. 1,01,200. It was prayed that since the OPs are deficient in service, therefore, they be directed to refund the amount of Rs. 1,01,200 and Rs. 2 lac as compensation along with 18% per annum interest.

(3.) ON notice, O. P. No. 2 was proceeded ex parte and OP. No. 1 filed reply in which admission and enrolment of the complainant along with fee and other charges in the college was admitted in BAMS degree course for the academic session 1996-97 but denied the fact that college was not recognized by the Punjab Government or affiliated with the CCIM. It was stated that education was duly imparted to the students upto their satisfaction and denied the fact of deficiency in service. The fact of admission of the students (including complainant) enrolled during the academic sessions 1996-97 and 1997-98 in other medical colleges recognized by Baba Farid University was admitted. It was further submitted that in the writ petition complainant had made similar allegations and demanded compensation of Rs. 25,000 per year but the said writ petition was decided on 21. 12. 2000 as compromised and no compensation was allowed so the present complaint is not maintainable. Another plea regarding limitation was also taken and OP No. 1 prayed for the dismissal of the complaint.