Case of complainant Sandeep Soni is that the opposite parties have been running a study centre of Karnataka State Open University at Hisar under the name and style of  “Bharti School of Business Studies”. They have been alluring the youths of the city for doing  graduation from  Karnataka State Open University. They also contacted the complainant and allured him to get admission in B. A. 1^st year. For this, they obtained Rs.5400/- from him. It was vide receipt No.154 dated 5.1.2013. The opposite parties assured the complainant that they will  supply him necessary study material regularly and examination of  B A  1^st year will be held at the study centre of the opposite parties in due time as they are recognized study centre of the University. That the complainant waited for the study material but the opposite parties did not supply it. He contacted the opposite parties several times and complaint for its non receipt, but every time the opposite parties  assured  him that he should not worry.  That he will get the study material and examination shall also be conducted in the current academic year. But the complainant did not receive the study material nor the role number nor admit card for taking examination of B.A 1^st year.  In June, 2013, apprehending foul play and cheating at the hands of the opposite parties, he contacted the opposite parties whereupon the opposite parties told him that he will get back his given amount of Rs.5400/- within a week, but till the filing of the complaint, no amount was returned to him. That his whole one  academic year has been wasted, without any fault of his own and due to said fault act and conduct of the opposite parties.  That he has also undergone huge mental tension, agony, harassment  and humiliation etc. That his legal notice dated 18.7.2014 also remained unreplied by the opposite parties; hence this complaint, for refund of Rs.5400/-, with up to date interest, besides compensation of Rs.1,00,000/- for wastage of his full academic year, mental tension, harassment etc. and litigation expenses.

2.       Opposite parties have been  duly proceeded ex-parte, vide order of this forum dated 18.2.2015.

3.     In ex-parte evidence, complainant has placed on record various documents from  Ex.C-1 to Ex.C-8, including website publications of the opposite parties, alluring the youth, for getting admission in their institute for  graduation degree from Karnataka State Open University; copy of payment receipt dated 5.1.2003 for Rs.5400/-;  copy of legal notice and supporting affidavit etc.

4.       There is no reason to disbelieve or to dis-credit, aforesaid pleaded case of the complainant, which gets full support and corroboration, not only from his own supporting affidavit, but also from aforesaid documentary   evidence, including payment receipt.  The Opposite parties have opted from being proceeded ex-parte. They had also opted not to reply the legal notice of the complainant.  Therefore necessary inference is against the opposite parties and in favour of the complainant. It is thus proved that opposite parties allured the complainant, for passing graduation degree from Karnatka State Open University through them and obtained Rs.5400/- from him. They not only failed to provide study material to the complainant as assured but also failed to supply role number and  admit card from the  University. It is not only gross deficiency of service but is also unfair trade practice on their part.  They have not only caused wrongful loss of Rs.5400/- to the complainant but have also caused wrongful gain of that amount for themselves.  They  have also caused irreparable loss of one full academic year to the complainant.   Such like persons of the opposite parties, should be dealt with iron hands, who play with the career of the youth. Complainant  has  prayed for  compensation of Rs.1,00,000/- for loss of his full one academic year, mental tension, harassment humiliation etc. This claim, to our mind, cannot be said as unreasonable or on higher side especially when in the circumstances, some other similarly situated students also must have suffered a lot, at the hands of the opposite parties.

5.      Resultantly, this complaint is hereby allowed, with a direction to the opposite parties,  to refund  Rs.5400/-, to the complainant, with interest  @ 12% per annum, from the date of its receipt i.e. 5.1.2013, till payment. Complainant  is  also  hereby awarded  compensation of Rs.1,00,000/-

 (One Lakh)  for loss of one academic year, harassment, mental agony etc.  and litigation expenses of Rs.2200/-, against the opposite parties.

Announced in open court:                         

Dated: 06.05.2015