Rajasthan

StateCommission

A/293/2018

Triangel Education Consultancy and Service - Complainant(s)

Versus

Deepak Goyal s/o Dinesh Goyal - Opp.Party(s)

Rajkumar Kumawat

07 Jun 2018

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 293/2018

 

Triangle Education Consultancy & Service, 114 Ground floor, Apex Mall, Lal Kothi, Tonk Road, Jaipur

Vs.

Deepak Goyal s/o Dinesh Goyal r/o Tambacoo Pada, Kasba Lalsot, Tehsil Lalsot Distt. Dausa.

 

Date of Order 7.6.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Narendra Pareek counsel for the appellant

 

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

The appeal is filed against the order dated 27.2.2018

 

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passed by the District Forum, Dausa whereby the claim is allowed against the appellant. The matter has come upon application u/s 5 of the Limitation Act as the appeal is filed with delay of 23 days. Looking at the facts mentioned in the application the delay is condoned.

 

The contention of the appellant is that as per the publication he accepted the amount and sent to the University of Perpetual Help System Dalta from where receipt was also issued to the respondent consumer and papers were asked. Further the complainant respondent did not turned up for visa formalities hence, he could not get admission and the claim should have been dismissed.

 

Heard the counsel for the appellant and perused the impugned judgment as well as original record of the case.

 

It is not in dispute that the appellant has accepted the amount of Rs. 2,01,000/- as college fee for the course of BSMD (VPH) and receipts are submitted. Now the contention of the appellant is that he paid the amount to the Perpetual University and university has also asked documents from the

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respondent. Receipt of University of Perpetual Help System Dalta is being submitted and genuineness of which is to be ascertained but here in this receipt there is no mention of the fact that the respondent consumer is admitted for the particular course and in letter dated 22.9.2016 his application was accepted for AB Psychology Programme whereas as per the receipts given by the appellant the course opted was BSMD (VPH) and when respondent has not given admission in the required course, the Forum below has rightly allowed refund of the fee.

 

In view of the above, there is no merit in this appeal and stands dismissed.

(Nisha Gupta)

President

 

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