INSTITUTE OF ADVANCED STUDIES IN EDUCATION Vs. CHEEKATI RAJESHWAR RAO

JUDGEMENT

(1.) THIS is an appeal filed by the opposite party Nos. 2 and 3 against whom as also opposite party No. 1, the District Forum imposed liability variously assailing that part of the judgment that went against them. The facts that led to filing this appeal are briefly as follows:

(2.) THE respondent No. 1/complainant enrolled himself as a candidate desirous of taking B.Com. examination in single sitting comprising all the three years as being lured by the offer made by the appellants through respondent No. 2, the contact person at Machilipatnam. The complainant paid the requisite amount totalling to Rs. 28,000 and odd by way of two separate D.Ds., one payable to opposite party No. 1 and the other payable to the appellants who in fact represent the same institution operating at two different levels. According to the complainant, the opposite parties initially issued provisional admission card lending assurance to the project of obtaining a degree by private study attending all the three examinations in one sitting. Soon as the dates of examination approached, the complainant claimed to have approached the examination centre he was assigned to and informed about through oral information. To his utter dismay, the complainant discovered that no such arrangement was made at the said examination centre and in fact examination was not conducted and he came to know that the examination centre did not oblige the opposite parties as they did not pay the fees for organizing the examinations. It was also alleged that the opposite parties failed to give him the course material and other things promised. Aggrieved by these acts of the opposite parties, the complainant claimed to have issued a notice to the opposite parties demanding refund of the amount as also compensation. The notice did not evoke any response. Hence the complainant raised this consumer dispute alleging deficiency in service.

(3.) THE claim came to be resisted by opposite party No. 1 by filing a counter which came to be adopted by opposite parties 2 and 3 through a memo. It is their main defence that the examinations were duly conducted and it was the complainant that absented himself and now he cannot turn round and allege that no examination was ever conducted.