- (1.) THIS appeal is directed against the order dated 9 -10 -2012 of District Consumer Disputes Redressal Forum, Raipur (henceforth called "District Forum") in Complaint Case No. 82/2012, whereby the complaint filed by the complainant/respondent has been allowed and appellant/OP is directed to refund the fees of Rs. 23,000/ - with interest @ 6% p.a. from the date of complaint, i.e., 5 -3 -2012 till realisation and also to pay sum of Rs. 1,000/ - as Advocate fee and cost of litigation. Briefly stated the facts of the case are that the complainant/respondent obtained admission in Class 11 in the institution of appellant/OP and paid admission fee of Rs. 23,000/ -. Due to some unavoidable circumstances, he applied for Transfer Certificate and also for refund of fee of Rs. 23,000/ -, but the appellant/OP did not return the fee and only issued Transfer Certificate of the complainant/respondent and appellant/OP committed deficiency in service, therefore, the respondent/complainant is entitled for refund of fee Rs. 23,000/ - and compensation.
(2.) LEARNED District Forum proceeded ex parte against the appellant/OP. The appellant/OP has not filed his written version before learned District Forum.
(3.) AFTER appreciation of materials available on record, learned District Forum allowed the complaint and directed the OP/appellant to refund a sum of Rs. 23,000/ - to the complainant/respondent and also awarded a sum of Rs. 1,000/ - as Advocate fee and cost of litigation. Shri B. Gopa Kumar, learned Counsel for the appellant/OP argued that the respondent/complainant had taken admission in the institution of appellant/OP and initially deposited Rs. 23,000/ -, but the complainant/respondent himself did not attend his class and prayed for Transfer Certificate and the same was provided to the complainant/respondent and the complainant/respondent was not entitled for refund of the admission fee and the impugned order passed by learned District Forum is illegal and not sustainable in the eye of law and is liable to be set aside.;