- (1.) THIS is an appeal against the order of the District Forum, Tehri -Garhwal by which the learned Forum has allowed a compensation of Rs. 12,530/ - to the complainant.
(2.) THE complainant, Sh. Rajeev Rawat has filed the complaint before the District Forum with the allegations that he has deposited a fee of Rs. 12,530/ - but he was not given the education for which he has made the deposits. The opposite party filed a written statement and alleged that the complainant is a failure of three times. The permission to impart education in Tourism and Hotel and related courses was not given by the Government. No deficiency can be presumed on the part of the opposite party because permission was not granted by the Government. The learned Forum has given a slip -shod order that if there is paucity of teachers and instruments for training, it is proper for the opposite party to have refunded the fee. There is no specific finding that there was paucity of teachers or training instruments. The finding was between if and but. Besides, it was agitated by the learned counsel for the appellant that the District Forum will not have jurisdiction in cases like it because the opposite parties are Government Institutions. The plea does not appear to have been raised there, never the less the finding on material issues has not been given in this case. There is no evidence what courses were there in the college, for what courses the complainant took enrolment, what courses were taught to him and on what courses he could not get education and training. Whether there was any deficiency in the services of the opposite party on other ground or due to non -permission of the Government. Unless there is a finding on these issues, the case cannot be said to have been properly decided. The opposite party (complainant) was tried to be served through registered notices. It appears that he refused to take the notice. His correct address has been given in the registered letter. Still he did not prefer to appear and contest the appeal. It is never desirable as discussed above that the case be remanded for fresh hearing after a proper notice to the complainant and his lawyer appearing there. ORDER The appeal is hereby allowed. The judgment and order dated 26.9.2002 is hereby set aside. The case is remanded to the learned Forum for fresh hearing after allowing the parties reasonable opportunity of being heard on the issues raised before the Forum as well as in this Commission.;