Dtd.21.05.2024                                            A/459/2018

O R D E R

         BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.15 of CPA 1986 by OP.1/Appellant aggrieved by the order dtd.21.10.2017 passed in CC/1697/2012 on the file of 2^nd Addl., District Forum, Bengaluru urban. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard.
3. It is an undisputed fact that Complainants.1, 2 & 4 have paid admission fees Rs.63,590/- each, out of which Rs.20,000/- each was refunded to them and Complainants.3 & 5 have paid admission fees Rs.43,590/-. The Complainants have raised consumer complaint alleging deficiency in service on the part of OPs.1 to 3. They have contested the complaint contending that Consumer Commission has no jurisdiction to entertain such complaint.
4. In view of rival contentions of the respective parties, the District Forum held an enquiry and proceeded to allow the complaint in part followed by the decision in WP/68537/2011. In this decision, Hon’ble High Court held “OP.1 is directed to consider the reliefs sought in the WP in accordance with the rules.” The District Forum has also referred the decision relied on by OPs reported in “II 2013 CPJ 6181 (NC) Consumer Protection Act 1986 Section 2(1)(g), 14(1)(d), 21(b). Education-Admission Withdrawn - Fee forfeited - Deficiency in Service - District Forum allowed complaint - State Commission Dismissed Appeal - Hence Revision - Respondent appeared before Admission Counselling Committee on 29-07-2009 - Respondent told Counselling Committee that he is not interested in admission in petitioner’s institute because he has to attend counselling at “PEC”. He never attended classes in petitioner institute except on 31-07-2009.”
5. Thus on the basis of the above cited decision, District Forum proceeded to allow the complaint and directed OPs jointly and severally liable to refund admission fee of Rs.43,590/- to each of the Complainants and to pay Rs.5,000/- as cost of litigation which in our view is not correct. In other words, nowhere in the WP cited supra, Hon’ble High Court directed OP.1 to refund fee, but it was directed to consider the same in accordance with the rules. Further, the factual matrix in the case reported in II 2013 CPJ 6181 (NC) could not be applicable to the facts of the case raised by the Complainants against OPs.1 to 3 for t  simple reason that the District Forum failed to notice about the legal implication, on the point of jurisdiction of the Forum to entertain  the complaint. In our view, if Complainants.1, 2 & 4 were paid admission fee of Rs.63,590/- each and out of such fee of Rs.20,000/- was already refunded to them and if other Complainants.3 & 5 have paid Rs.43,590/- each, have to make representation to the Executive Director, Karnataka Examination Authority and if such fee is already received by OPs.2 & 3, have to consider their request in consideration of the fact that they never admitted to OP.2 college and as  their admissions came to be rejected by OP.2 on the ground that they would not admit students residing beyond radius distance of 40 km from their college of Mysuru. In our view, this ground raised in this consumer complaint could have been considered by the OPs and in particular OP.1 by advising the concerned to refund the admission fee paid by Complainants.1 to 6 by deducting some portion of amount towards processing of their admission applications. With this observation, we proceed to allow the appeal. Consequently set aside the order dtd.21.10.2017 passed in CC/1697/2012 on the file of 2^nd Addl., District Forum, Bengaluru urban and as a result complaint is disposed of with a liberty to Complainants.1 to 6 to make representation to OP.1, as observed to consider their request to advise OPs.2 & 3 to act upon and do the needful.
6. The amount in deposit is directed to be transferred to the District Commission for needful. 
7. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

*NS*