BHARTI JINDAL Vs. SWAMI VIVEKANAND GROUP OF INSTITUTES
LAWS(PUNCDRC)-2014-2-6
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 20,2014

Appellant
VERSUS
Respondents

JUDGEMENT

Gurcharan Singh Saran, J. - (1.) THE appellant/complainant (hereinafter called "the complainant") has filed the present appeal against the order dated 20.3.2012 passed by the District Consumer Disputes Redressal Forum, Patiala (hereinafter called "the District Forum") in consumer complaint No. 811 dated 30.8.2011 vide which the complaint was allowed with the direction to the OPs to refund Rs. 3100 i.e. Rs. 2000 security fee + Rs. 1100 Uniform Fee) within one month from the receipt of order and pay Rs. 4,000 as litigation expenses. The complaint was filed by the complainant against the opposite parties on the allegations that the complainant approached respondent No. 1 for getting admission in I.T. Branch of the OPs and deposited Rs. 47,080 vide receipt No. 2807 on 12.7.2010 and another fee of Rs, 18,000 vide receipt No. 2816 on 14.7.2010. Due to family circumstances, the complainant did not join the institute and informed the OPs in this regard on 16.7.2010 and father of the complainant requested the Ops to refund the fee on 20.7.2010. OPs refunded only Rs. 16,000 vide cheque No. 729466 dated 11.8.2010 but did not refund Rs. 47,080 deposited on 12.7.2010 inspite of giving assurance. Complainant served legal notice dated 16.11.2010 as well as reminder in this regard but of no use. This act of the OPs is deficiency in service and unfair trade practice on their part, hence, the complaint with the prayer that the OPs be directed to refund Rs. 47,080 as well as demanded compensation and litigation expenses.
(2.) IN spite of notice opposite parties did not appear before the learned District Forum and they were proceeded ex -parte before the District Forum, The complainant tendered evidence in support of their contentions i.e. her affidavit Ex. C -1, affidavit of Tarsem Chand Jindal Ex. C -2, receipt date 12.7.2010 Ex. C -3, receipt dated 14.1.2010 Ex. C -4, legal notice with postal receipt Ex. C -5, reminder of legal notice with postal receipt Ex. C -6,
(3.) AFTER going through the allegations in the complaint, evidence and documents brought on the record by the complainant, the learned District Forum vide impugned order partly allowed the complaint as stated above.;


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