- (1.) BOTH these proceedings arise from order dated 28th Feburary, 2003 rendered by the learned Banaskantha District Consumer Disputes Redressal Forum at Palanpur in Darkhast No. 17/2001 directing the opponent No. 1 Rani Agnihotri Physical Education College of Wardha (Maharashtra) to pay to the complainant Rs. 37,000 with interest @ 12% p.a. from 6.11.1998 till payment and to refund the amount of Rs. 2,000 sent by the complainant by way of demand draft to the opponent institution. It would appear that the original complainants filed complaint bearing No. 96/1999 and it was decided on 15th December, 2000 with similar directions, but in appeal bearing No. 433/2001 decided on 24th September, 2001 the matter was remanded to the learned Forum to hear and decide the question of jurisdiction in the complaint which came to be decided in the aforesaid execution application.
(2.) WE have heard the learned Advocates for the parties. We have gone through the impugned order.
(3.) IT would appear that the complainant had occasion to send application to the opponent institution for getting admission in B.P.E.D. for the year 1998 -99 along with demand draft of Rs. 2,000 dated 2.11.1998 drawn by the State Bank of India Palanpur Branch in favour of the opponent College at Wardha. It was the complainant s case that he sent the application along with original certificates of H.S.C., Leaving Certificate and Mark -sheet of B.A. Examination by registered post A.D. to the opponent college. Inspite of lapse of considerably a long period the complainant neither got the admission nor the acknowledgement as token of receipt of the application from the opponent institution. Complainant s registered letter was delivered to the opponent institution on or around 6.11.1998. After serving notice to the opponent complainant approached the learned Forum with prayers for refund of the amount of demand draft along with interest and compensation alleging that he could not prosecute further his studies in other faculty or institution for want of the original documents, and cost of the complaint. When the opportunity was accorded to the opponent for submitting its defence it resisted the complaint inter alia on the ground that learned Forum did not have territorial jurisdiction to hear the complaint, that the application and original certificates with Xerox copy of one set of the certificates were received by the opponent on or around 2.11.1998, that appropriate processing of the application had been taken up by the opponent institute, but the complainant did not turn up for getting admission and did not pay further fees as per the rules, that the admission form contained declaration to the effect that the information submitted by the applicant was true and that the applicant would pay the prescribed fees and other fees and also abide by the rules of the University and that fees paid would not be refunded to the applicant. It has been asserted that the University would formalize the application after verification of the degree certificate and marklist and the decision of the university would be final. Opponent No. 1 has also asserted that without prejudice to the contentions taken by it in the written statement it sent demand draft of Rs. 2,280 being the refund of the deposit amount with interest @ 14% from 2.11.1998 to 2.11.1999 and the original certificates which were sent by the complainant. That reply was filed on 27.10.1999.;