NCDRC

NCDRC

RP/2395/2009

DIRECTOR, JHAHNAVI COLLEGE & ANR. - Complainant(s)

Versus

K. SEKHAR BABU & ANR. - Opp.Party(s)

MR. R. SANTHANA KRISHAN

30 Jul 2009

ORDER

Date of Filing: 06 Jul 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2395/2009
(Against the Order dated 23/04/2009 in Appeal No. 1396/2006 of the State Commission Andhra Pradesh)
1. DIRECTOR, JHAHNAVI COLLEGE & ANR.Employee in Midhani Plot No. 102. New Gayuatri Nagar Phase . II Vasalinagar P R.R.Distt ...........Appellant(s)

Vs.
1. K. SEKHAR BABU & ANR.Jhahnavi Colloge 3-4-683/85. Surya House Opp. Vegetable Market Narayanaguda X Road. Hyderabad 2. THE PRINCIPAL JHANHANVI COLLEGE . 3-4-683/83.Surya House Opp. Vegetable Market Narayanaguda X Road, Hyderabad 3. IASE DEEMED UNIVERSITY GANDHI VIDYA MANDIR Rep. By . its Registrar Sardarashahr Rajashtanm ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :Ms. Radha Rani and Mr. P. Vijaya Kumar, adv. for MR. R. SANTHANA KRISHAN, Advocate
For the Respondent :NEMO

Dated : 30 Jul 2009
ORDER

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          Petitioner is an Engineering College having an off-campus facility of the deemed University, Respondent No.3.  Complainant took admission in the petitioner’s college and paid fees of Rs.13,910/- towards registration and university fees to the petitioner who promised him that engineering degree would be issued to him by the deemed university, respondent no.3.  Later, the complainant came to

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know that respondent no.3 is not an approved University from University Grants Commission to run course through distance education mode.  He represented to the petitioner for refund of money.  As there was no response to the said application, complainant filed a complaint before the District Forum.

          District Forum vide its order dtd. 28.8.2006 dismissed the complaint, aggrieved against which they filed an appeal before the State Commission which has been allowed.  Order of the District Forum has been set aside.  Opposite parties jointly and severally have been directed to refund the sum of Rs.13,910/- received by way of fees with interest @ 9% p.a. from the date of filing of the complainant till realization.  Rs. 2000/- has been awarded by way of costs.

          We find no infirmity in the order passed by the State Commission.  As per petitioner’s own showing, U. G. C. in reply to a letter written by the University dated 08.6.2004 declaring respondent No.3 to be a deemed university clarified that respondent no. 3 could


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run course at Headquarters only as the U.G.C. had not approved any off campus centre/study center/extension centre like the present one.  U.G.C. had also not granted approval to the college to run courses through Distance Education Mode. (These facts have been stated in para 6 of the Revision Petition).

            In view of petitioner’s own admission referred to above, either respondent no. 3 or the petitioner was not permitted to run the Distance Edcuation Mode.  Revision petition is dismissed.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER