Challenge in these proceedings is to the order dated 10.11.2009 passed by Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, ‘the State Commission’) in appeal No. 525 of 2008.  The appeal before the State Commission was filed against an order dated 19.02.2008 passed by the District Consumer Forum, Bilwara in complaint case No. 115 of 2006 by which, the District Forum partly allowed the complaint of the complainant in the following manner:-

          “Thus, allowing this complaint of complainant against the opponents following order is passed:-

          That the opponents will pay to complainant the amount deposited by them of Rs.1,45,500/-, tuition fees 50,000/-, residential accommodation fee 15,000, consultation charge and in this way total Rs.2,10,500/- alongwith interest at the rate of 9% from the date of depositing these amount dated 30.08.2005 to date of payment within one month from the date of judgment.

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In appeal, the State Commission substantially modified the said order giving following directions:-

That complainant-respondents no. 1 & 2 will get Rs.50000/- (in words fifty thousand only) of Residential Accommodation from the amount of Rs.1,95,500/- deposited by them vide receipt dated 30.08.2005.

That the complainants-respondents no. 1 & 2 will get the interest on the said amount of Rs.50000/- at the rate of 9% per annum from the date of filing the complaint till payment.

That complainants-respondent no. 1 & 2 will also get Rs.10000/- (in words Rupees ten thousand only) as costs.

That liability of compliance of this said order would  also of appellant-opponent no. 2 alongwith respondent no. 3-opponent no. 1 jointly and separately

That the impugned order of District Forum, Bhilwara dated 19.02.2008 is modified and held accordingly.”

We have heard Mrs. Vikas Jain, learned counsel for the petitioners and Mr. Rajesh Mahale, learned counsel for the respondents and have considered their respective submissions.

          Learned counsel for the petitioner submits that the State Commission has erred in modifying the order of the District Forum by restricting the relief to the petitioner only to refund of Rs.50,000/- towards unutilized residential accommodation out of the total amount of Rs.1,95,500/- once it has agreed with the finding of the District

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Forum that there was deficiency on the part of the opposite party in not refunding the amount.

          Having considered the entirety of the facts and circumstances of the case and the undenying position that the complainant had to leave the respondent institute on the ground that the institute was not recognized by the UGC, we are of the opinion that the State Commission was not justified in restricting the relief only to the above extent.  We would therefore like to modulate the relief.  We are of the view that half of the amount of tuition fee deposited by the complainant, i.e 72,500/- should at least be refunded to her besides the refund of the residential accommodation fee and costs.

          In the result, the revision petition is allowed in the above terms and the opposite party-institute is hereby called upon to pay a total sum of Rs.1,32,500/- to the complainant within a period of four weeks from today failing which it shall carry interest @ 12 % per annum.