D J COLLEGE OF ENGINEERING & TECHNOLOGY THROUGH ITS CHAIRMAN, SITUATED AT NIWANI ROAD, MODI NAGAR Vs. KUMARI NEHA VERMA D/O RAJENDRA PRASAD

JUDGEMENT

(1.) This Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by an Engineering College, namely, D.J. College of Engineering & Technology, Opposite Party No.1 in the Complaint under the Act, calls in question the legality and correctness of the order dated 23.02.2017, passed by the U.P. State Consumer Disputes Redressal Commission at Lucknow (for short "the State Commission") in Appeal No. 1817 of 2010. By the impugned order, the State Commission has dismissed the Appeal, preferred by the Petitioner herein, for non-prosecution, as on a number of consecutive dates there was no representation on its behalf.

(2.) The Appeal had been preferred by the Petitioner herein against the order dated 20.09.2010, passed by the District Consumer Disputes Redressal Forum, Ghaziabad (for short "the District Forum") in Complaint Case No. 301 of 2006. By the said order, while accepting the Complaint, preferred by Respondent herein, alleging deficiency in service and unfair trade practice on the part of the Petitioner College and its Director, the Opposite Parties in the Complaint, in issuing false advertisement, projecting that it had academic recognition from U.P. Technical University, Lucknow, and admitting students to impart education without having the said recognition, on account of which the Complainant could not take examination, the District Forum had directed the Petitioner to pay a sum of Rs. 4,00,000/- to the Complainant for wasting her one year, Rs. 60,000/- towards hostel fee, books etc. and Rs. 5,000/- as litigation costs.

(3.) Attracted by the advertisement issued by the Petitioner/Engineering College, on 109.2005 the Complainant took admission in the Electronic & Communication Engineering Course in the said College. She deposited a total sum of Rs. 50,000/- for the said course. In addition thereto, a sum of Rs. 60,000/- was also spent by her towards hostel fee, books etc. After taking admission, at the end of the year she learnt that the College had no recognition from U.P. Technical University, with the result that she could not take the final examination. Faced with the said situation, the College voluntarily refunded the afore-stated fee of Rs. 50,000/- to the Complainant. However, having lost one precious academic year, the Complainant filed the Complaint before the District Forum, praying for the reliefs mentioned therein, in which the afore-stated relief was granted to the Complainant.