SRINKHAL EDUCATIONAL & WELFARE SOCIETY Vs. NEERU PANCHAL
LAWS(DELCDRC)-2009-1-8
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 20,2009

Srinkhal Educational And Welfare Society Appellant
VERSUS
Neeru Panchal Respondents


Referred Judgements :-

YASHPAL VS. STATE OF CHHATTISGARH [REFERRED TO]


JUDGEMENT

J.D.KAPOOR,PRESIDENT (ORAL) - (1.)AS many as five complaints were decided by the District Forum, vide impugned Order dated 21.2.2007, whereby the appellant was directed to refund the fees charged by them from each of the complainant/respondent and to pay Rs. 50,000 over and above as compensation for the mental agony and harassment. Feeling aggrieved the appellant has preferred the present appeals.
(2.)ADMITTEDLY , the appellant is only an Off -Campus Study Centre and gives coaching to students for the Course of B.Ed. The fees were paid to the University through demand drafts through the study centre being run by the appellant
(3.)GRIEVANCE of the respondent -students was that they were not given correct information by the appellant inasmuch as the Off -Campus Study Centre run by the appellant was not approved by UGC nor was there proper environment in the classes run for B.Ed. at Off -Campus Centre during Sept. to Dec. and that their two years have gone waste as well as the amounts spent unnecessarily for attending the Off -Campus Study Centre at Punjabi Bagh.
In their reply the appellant pleaded that it was duly incorporated and notified in Sept. 2002 in exercise of powers conferred by Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002. According to the University they were duly authorized to impart education and grant degree or diploma in accordance with the prescribed rules and regulations under the name and style of Rawatpura Sarkar International (University. It was on the basis of this that the appellant published advertisement in the newspaper offering study programme to the general public and the respondents accepted the terms and conditions of the afore mentioned study programme for B.Ed. Subsequently the Supreme Court vide its judgment dated 11.2.2005 in the case of Prof. Yashpal and Another v. State of Chhattisaarh and Others, II (2005) SLT 323=2005 (II) AD (SC) 641, held Sections 5 and 6 of the said Act as ultra vires and quashed all the notifications issued under these sections, making it impossible for the appellant to either impart Degrees/Diplomas to the respondents or to conduct the necessary examinations for B.Ed.



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