L.B.S. GROUP OF EDUCATION INSTITUTE Vs. ARJUN SINGH AND ORS.
LAWS(NCD)-2020-8-76
NCDRC
Decided on August 31,2020

L.B.S. Group Of Education Institute Appellant
VERSUS
Arjun Singh And Ors. Respondents




JUDGEMENT

R.K.AGRAWAL - (1.) The present Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) by L.B.S. Group of Education Institute(Opposite Party No.1 in the Complaint), challenging the Order dated 19.12.2019, passed by the Rajasthan State Consumer Disputes Redressal Commission, Bench No. 1 at Jaipur (herein after referred to as 'State Commission'), whereby First Appeal No. 1275 of 2019, preferred by Construction Industry Development Council (Opposite Party No.2 in the Complaint) has been dismissed, upholding the Order dated 31.10.2019, passed by the District Consumer Disputes Redressal Forum, Kota, Rajasthan (hereinafter referred to as the District Forum) in Complaint Case No. 268 of 2016. By the said Order, while allowing the Complaint, preferred by the Complainant, Respondent No. 1 herein, the District Forum had held the Complainant eligible to get his Electrical Engineering Diploma of 3 year course of duration 2011-2014 and consequently directed Opposite Parties, including the Petitioner herein, to jointly and severally pay a total amount of Rs. 1,05,000/- towards compensation for mental displeasure, economic loss and costs, within one month, failing which simple interest @ 9% was awarded on the said amount. In addition, it was also directed by the District Forum that if the Diploma Certificate/Degree is not issued to the Complainant within one month, then from the date of its decision, i.e. 31.10.2019, the Opposite Parties would pay a sum of Rs. 1000/- per month till the date of actual delivery to the Complainant.
(2.) Briefly stated, that the facts giving rise to the present Petition are as follows: According to the Complainant, pursuant to a notice circulated by Assam University (Opposite Party No. 1) and on being selected by Construction Industry Development Council (Opposite Party No.2) and the Petitioner herein (Opposite Party No.3), under the direction of Opposite Party No. 1, and on the assurance of getting Diploma Engineering Course in different Branches, vide Enrolment No. 1131010786, the Complainant deposited fees with the Petitioner Institute and took admission in the Polytechnic Diploma Branch Electrical Course in the year 2011. On completion of the Course, Result-cum-Mark Sheet and Provisional Diploma Certificate was issued to the Complainant on 31.01.2015. However, even after depositing the entire fees, the Degree of the Diploma Course was not issued to the Complainant. The Complainant also made several requests in this behalf but all in vain. On account of non-issuance of the Degree, the Complainant was not able to apply for job in government, semi-government and private organizations, which caused him mental agony and financial loss. Alleging deficiency in service on the part of the Opposite Parties, including the Petitioner herein, on the aforesaid counts, the Complainant filed the Complaint before the District Forum.
(3.) Upon notice, while Opposite Parties No. 1 and 2 filed their respective Written Version before the District Forum, the Petitioner herein (Opposite Party No.3) did not do so. Opposite Parties No. 1 and 2 denied the allegations levelled by the Complainant and prayed for dismissal of the Complaint.;


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