INSTITUTE OF MANAGEMENT EDUCATION AND ORS. Vs. NISHA RANI VERMA

JUDGEMENT

(1.) THIS is an appeal filed under Section 15 of the Consumer Protection Act, 1986 (in short the Act) against the judgment and order dated 7.6.2012 passed by learned District Forum -VI, M -Block, First Floor, Vikas Bhawan, I.P. Estate, New Delhi in Complaint Case No. 384/09 titled as Smt. Nisha Rani Verma v. Institute of Management & Ors. Relevant facts of the case are that, Complainant -Smt. Nisha Rani Verma admitted her daughter Ms. Akansha Verma in the Institute of Management Education (OP -2) on 20.6.2008 in BCA Course. She deposited a sum of Rs. 25,000 through D.D. No. 029392 and also deposited Rs. 3100 in cash for blazer and Rs. 1,000 as registration fee. On account of personal difficulty Ms. Akansha Verma decided to discontinue and moved an application on 26.6.2008 for withdrawal of her admission and refund of the fee. The application was duly received, but, no refund was made by OP -2, therefore, complainant had no option but to file a consumer complaint seeking directions for refund of the fee, etc.

(2.) OP -1 Institute of Management Education Society, Connaught Place, New Delhi through its Chairman/President OP -2 contested the complaint. It was maintained that the learned District Forum, New Delhi has no territorial jurisdiction to entertain and adjudicate the complaint and prayed for dismissal of the same. They further maintained that at the time of admission, complainant's daughter given an undertaking that in case the student was once admitted, leaves this course without completing it, would be liable to pay total fee and charges for the duration of the course. They also maintained that there was no deficiency of service whatsoever on the part of the OPs and the complaint was liable to be dismissed.

(3.) OP -2 felt aggrieved and preferred this appeal inter alia on the following main grounds, besides the others.