- (1.) BOTH these appeals, under Section 15 of Consumer Protection Act, 1986, are directed against order dated 25.11.2008, passed by District Consumer Disputes Redressal Forum, Durg (hereinafter called "District Forum" for short) in complaint case No. 111/08, hence the same are being decided by this common order. Appeal No. 916/08 has been filed by the complainant, whereas appeal No. 914/08 has been preferred by the O.Ps. For the sake of convenience, hereinafter parties will be referred in this order as complainant and OPs.
(2.) BRIEF facts necessary for disposal of these appeals are that the complainant was student of OPs institution and when he was studying in B.E. 4th Semester, he was injured on 13.1.2006 due to ragging by senior students. He was admitted in hospital for treatment. Complaint regarding the incident was also made to the police. It was further averred that the complainant got horrified by this incident and to avoid recurrence of such incident, the complainant decided to leave the college and to join some other college and so demanded transfer certificate, character certificate and other documents from the O.Ps., which was not provided to him. Hence, the complainant served legal notice dated 28.2.2006, yet the documents were not provided and finally the complainant approached High Court of Chhattisgarh with Writ Petition. Vide order dated 23.6.2006, Hon ble High Court directed the OP to hand over the documents. Subsequently, the complainant had to appear in the entrance exam again and thereafter he could take admission in Chokse Engineering College, Bilaspur and had to spend additional money, towards the fee. Alleging deficiency in service on part of the OP, the complainant claimed Rs. 20,00,000.
(3.) RESISTING the complaint, the OP submitted that the matter did not relate to ragging, it was simply a money dispute between the students of same semester, which cannot be termed as ragging. It was further averred that on demand of documents by the complainant, he was advised to produce No Objection Certificate from the Director, Technical Education and Pt. Ravi Shankar Shukla University, Raipur and was specifically told that after submitting aforesaid certificates, the documents can be handed over to him. As the complainant failed to produce such NOC, the documents were not provided, hence there was no deficiency in service on part of the OP. It was further averred that the complainant has received the documents as per directions given in Writ Petition by Hon ble High Court, hence there was no need to file present complaint and the same is liable to be dismissed. District Forum has directed the OP to pay compensation of Rs. 50,000 and Rs. 5,000 as cost of litigation to the complainant. Aggrieved, the O.Ps. have filed appeal No. 914/08. The complainant s appeal No. 916/08 is for enhancement of compensation.;