- (1.) ALL these appeals, under Section 15 of Consumer Protection Act, 1986 , arise from common order dated 31.10.2002 by District Consumer Disputes Redressal Forum, Durg (hereinafter called "District Forum" for short), in three complaints filed by complainants Ku. Rasmi Joseph (Complaint No. 39/1998), Avinash Kumar Robinson (Complaint No. 40/1998), Ku. Arpana Sandhya Robinson (Complaint No. 41/1998) against appellants National Institute of Medical Technology (hereinafter called 'National Institute for short) and Dr. Bachhan Singh (appellants in Appeal Nos. 961/2003, 962/2003 and 963/2003) and appellant All India Institute of Medical Technology (hereinafter called 'All India Institute for short) (appellants in Appeal Nos. 961/2003, 962/203 and 963/2003); hence they are being disposed of by this common order.
(2.) IT is not in dispute that appellant National Institute conducted one year diploma course entitled "Diploma in Medical Lab Technology (hereinafter called 'DMLT for short). Appellant Dr. Bachhan Singh was the principal of appellant National Institute. Indisputably, the examination for the said course was conducted by 'All India Institute . It is also not in dispute that the complainant/respondent No. 1 of each of the complainants had taken admission for the said course, in appellant National Institute for the session 1993 -94. There is also no dispute that the complainants/respondent No. 1 had paid the tuition fee, practical fee, examination fee, monthly fee, etc. as required under the rules of National Institute; and that the complainants/respondent No. 1 appeared in final examination held by the respondent No. 3 in the month of August, 1994.
(3.) THE complainant s grievance was that though they were orally informed by appellant, Principal, Dr. Bachhan Singh, that they were successful in the said examination and that their diploma certificate would be given to them, after the same was received from All India Institute. However, the said certificate was never given to the complainants. Ultimately they served notice to the appellant -National Institute and All India Institute. The complainant Avinash Kumar Robinson in his complaint averred that the All India Institute in reply to the complainant s notice, informed that the affiliation of appellant - National Institute was withdrawn w.e.f. 1.1.1995. It was also averred by the complainant that a false marks sheet was issued to him, declaring him fail. It was averred that the appellants National Institute and All India Institute and All India Institute were obliged to issue diploma certificate to the complainant in due time, which they failed to do. As a result, the complainant had suffered loss of livelihood and employment besides financial loss incurred by him in receiving training at the National Institute.;