Madhya Pradesh

StateCommission

A/08/1952

JAYESH PALIA - Complainant(s)

Versus

INSTITUTE OF CHARTERED FINANCIAL ANALYSTS OF INDIA UNIVERSITY AND OTHER'S - Opp.Party(s)

SH. R.BBHARGAVA

26 Jun 2019

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL

                              

                                    FIRST APPEAL NO. 1952 OF 2008

(Arising out of order dated 13.06.2008 passed in C.C.No.49/2008 by District Forum, Gwalior)

 

JAYESH PALIA.                                                                                                …          APPELLANT

 

Versus

                 

INSTITUTE OF CHARTERED FINANCIAL

ANALYSIS OF INDIA UNIVERSITY & ORS.                                                …         RESPONDENTS.

 

BEFORE:

 

                  HON’BLE SHRI JUSTICE SHANTANU S. KEMKAR    :      PRESIDENT

                  HON’BLE DR.  MRS MONIKA MALIK                           :      MEMBER                                  

 

                                      O R D E R

26.06.2019

 

           Ms. Swati Sharma, learned counsel for the appellant.

             Shri V. K. Saxena learned counsel for the respondents.

          

As per Shri Justice Shantanu S. Kemkar :                       

            This appeal is directed against the order dated 13.06.2008 passed by the District Consumer Disputes Redressal Forum, Gwalior (For short ‘Forum’) in C.C.No.49/2008.

2.                     In short, the appellant/complainant had filed a complaint seeking refund of fees deposited by him with respondents for MBA, Distant Education, Ist Semester amounting to Rs.64,000/-. According to appellant/complainant he was selected as Lieutenant in Army and as such he withdrew from the course and therefore he ought to be refunded entire fees deposited by him.

3.                     The Forum after considering the pleadings and evidence led by the parties directed the respondents to refund the entire fees amount except first instalment as there was option available to the appellant either to deposit fees in eight instalments or in lump sum. It is this order under challenge in this appeal.

4.                     Having considered the submissions made by learned counsel for parties and having gone through the record, we are of the view that the Forum has committed no error in ordering for deduction of first instalment out of the total amount deposited by the appellant as option was available to the appellant to deposit the amount in instalments or in lump sum. In our considered view the Forum has already shown indulgence in favour of the appellant. No further relief can be extended in his favour.

5.                     The appeal fails and is dismissed.

 

                 (Justice Shantanu S. Kemkar)                (Dr. Monika Malik)             

                                President                                           Member