Present : Complainant in person,<br /> Sh.R.K. Anand counsel for opposite parties.<br /> JUDGMENT (SH.PARAMJIT SINGH PRESIDENT.)<br /> Brief facts of the case are that complainant joined Lovely Professional University and deposited first semester fee of Diploma (Engg.) B-Tech Integrated CSE which is Rs.17500/- and complainant did not receive any receipt from the opposite party and he ws told by the University that receipt of amount will be given after start of classes<br /> As a student of abovementioned Diploma, complainant decided to take admission in first semester and in that semester his overall attendance was 64% but the rules mentioned says that students are not allowed to sit in exams if the attendance of the student is less than 75%. He passed in two exams and was not able to clear other four exams and then he registered hiself in second semester, his overall attendance was 67% but this time he was refused to sit in exams and University detained him in four exams (papers) because of shortage of attendance. and was able to appear in only two exams out of total six exams. He passed one exam and was asked to re-appear in second exam. The complainant deposited Rs.16500/- as fee for third semester. After result of second exam University refused to register him for third semester and the reason given by the University to the complainant was that he was not able to fulfill the basic criteria of passing out and the opposite party directed the complainant to start diploma from first semester and thus the University ruined the career, money and time of the complainant, so complainant has approached this Forum with the request to refund the admission fee of first and second semester which comes to Rs.34000/- and he has further prayed that opposite party be also directed to pay interest @ 18% p.a. alongwith monetary compensation and cost of litigation.<br /> 2. Opposite parties appeared and raised many objections including preliminary objections that complainant is estopped by his own act and conduct to file the present complaint and the complainant has not approached this Forum with clean hands and suppressed material facts intentionally and opposite parties prayed for dismissal of the complaint.. Opposite party University further stated that opposite party has already refunded Rs.16500/- to the complainant.<br /> 3. In support of his version complainant produced in evidence documents Ex.C1 to C4.<br /> 4. On the other hand opposite parties produced in evidence only one affidavit Ex.R1.<br /> 5. We have heard arguments of complainant and learned counsel for the opposite parties and perused ocular as well as documentary evidence on the record. We find no merit in the arguments of complainant. Complainant discontinued his studies when he came to know that he will not be able to fulfill basic criteria . Hehas studied in the University during first and second semester and appeared in the exams for first and second semester when he was allowed to sit in the exams but his pass percentage was very low and then University did not register him for third semester and the reason told by the University was that he will not be able to fulfill basic criteria of passing out. Complainant himself admitted that his overall attendance in first semester was 64% He passed in two exams and was not able to clear four exams and then he registered himself in second semester, his overall attendance was 67% but this time he was refused to sit in exams and University detained him in four exams (papers) because of shortage of attendance. and was able to appear in only two exams out of total six exams. Complainant appeared in two examinations and passed one examination and was asked to re-appear in second examination.<br /> Opposite party refused to register the complainant for third semester and the reason they gave for this was that complainant shall not be able to fulfill basic criteria of passing out in Diploma whereas another student whose result sheet is Ex.C3 was allowed to registr himself in third semester despite his result was similar to that of the complainant. Complainant passed only two subjects out of six subjects in the first semester and his overall attendance was 64% and in the second semester he passed only one paper out of six papers and his overall attendance was 67% whereas admittedly required attendance to sit in the examination is 75%. As such complainant cannot take advantage of his own wrong by way of not clearing the required number of attendance and his attendance was very low. Complainant was given concession to appear in first and second semester despite his lecturers were short . Opposite party tried to save career of the students by allowing him to appear in first two semesters. Ultimately complainant cannot take advantage of concession given to him by the University. On the perusal of document Ex.C4 it is mentioned in this document that sudents will be allowed to continue in the programme provided they satisfy the condition laid down in clause 12.1. Complainant also failed to show how his case was similar to case of said Adarshpreet Bajwa and by filing result sheet does not make case of the complainant similar to case of Adarshpreet. Complainant argued that examination record of other students may also be summoned and he also wants that this Forum should examine entire examination system of the University. Similarity between complainant and other student Adarshpreet cannot be decided without leading voluminous evidence and it would lead to intricate question of law and facts and any intricate question of law and fact cannot be decided under Consumer Protection Act. So complainant is at liberty to approach Civil Court for seeking any relief.<br /> In the ultimate analysis of aforesaid discussion, present complaint is hereby dismissed and complainant is at liberty to file civil suit in the Civil Court if he desires so and keeping in view that complainant is student and is sufferer we do not impose any cost.<br /> Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room.<br /> <br /> Announced : (Shashi Narang)(Gulshan Prashar) (Paramjit Singh)<br /> 6.1.2009 Members President. <br />