ASSET INTERNATIONAL HAMIRPUR Vs. ANJALI KUMARI DAUGHTER OF KAMAL DEV
LAWS(HPCDRC)-2009-12-4
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 10,2009

Asset International Hamirpur Appellant
VERSUS
Anjali Kumari Daughter Of Kamal Dev Respondents

JUDGEMENT

- (1.) SINCE these appeals have arisen out of the order passed by District Forum, Hamirpur, in Consumer Complaint No.297/2003/2007, as such these were taken up together and are being disposed of by this common order.
(2.) MRS . Anjali Kumari, hereinafter referred to as the complainant, originally filed the complaint against two parties i.e. M/S Asset International, Hamirpur, through its Managing Director, Shri Rajiv Chauhan son of Shri Gian Singh Chauhan, Resident of Village Ghangot, Tehsil Barsar, District Hamirpur, and this Concern was also arrayed as respondent No.2 through its General Manager Shri Surinder Singh Rana son of Sh. Prithi Singh, R/O Vill. and P.O. Rampur, District Una, hereinafter referred to as the OP Nos. 1 and 2 respectively. Earlier this complaint was allowed as ex -parte by the District Forum below vide its order dated 15.2.2006. OP No.1 challenged this order in Appeal No.137/2006. This appeal was allowed on 17.5.2007 subject to the payment of Rs.10,000/ - as cost. Date for appearance of parties was fixed when both the OPs were directed to file their written versions and also tender the amount of cost through a bank draft payable to the complainant on a nationalized bank at Nadaun. It was further directed that payment of cost by a bank draft was a condition precedent for the reply of the OPs to be taken on record. In case the draft was not tendered payable to Anjali Kumari, appeal was ordered to be dismissed without any further direction from this Commission.
(3.) AFTER remand of the case, complainant amended her complaint, as also got OP No.2 deleted. Grievance of the complainant in her amended complaint was that she had got admission with OP No.1 M/S Asset International, Hamirpur, for the course of E -Commerce from 16.10.2000 and for this purpose she deposited Rs.40,200/ - in instalments, besides this sum of Rs.7,060/ - was deposited at the time of admission. Copies of receipts are placed on the file by her as Annexures C.3 to C.12. Annexure C.1 is the Invoice which shows the receipt of Rs.7060/ - initially and C.2 is the details of down payment of instalments issued by OP No.1. It also has the photo of the complainant. Besides these two documents, Annexure C.13 is the copy of Certificate of Accomplishment issued by OP No.1. It is dated 9.4.2007. Amongst other things, it certifies that the complainant had successfully completed a Course in E -COM, VERSION 2.0 with the Grade (*) of Distinction from Hamirpur Centre. Likewise, Annexure C.14 is the E -Commerce @asset Performance Statement of the complainant regarding examination held on 20.9.2001 at Hamirpur Centre. Date of its issue is also 9.4.2007.;


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