This common order shall dispose of both the revision petitions since the facts are the same and the point of law involved in them is -2- the same. Facts are being taken from Revision Petition No.3624/2007. Complainant/respondent took admission in PG Programme in Fashion Management in the year 2006. Respondent was admitted against the NRI quota. Respondent paid a sum of Rs.3,05,000/- to the petitioner. Respondent was allotted a seat in the Institute at Kolkata. Respondent through her father applied for withdrawal of admission on 03.07.2006 and sought refund of the amount on the ground that she had never consented to take admission in the Institution at Kolkata. Petitioner refunded sum of Rs.23,640/- only in terms of the conditions mentioned in the prospectus. According to the petitioner, respondent had accepted the seat at Kolkata and the allegation made that the petitioner had unilaterally allotted the seat to her at Kolkata was denied. Respondent filed the complaint before the District Forum. District Forum allowed the complaint and directed the petitioner to refund sum of Rs.2,81,540/- (remaining unpaid sum of Rs.3,05,000/-). Rs.20,000/- were awarded by way of compensation and Rs.5,000/- as costs. -3- Aggrieved by the order passed by the District Forum, petitioner filed the appeal before the State Commission which has been dismissed by the impugned order at the admission stage. State Commission in a vague manner without going into specifics of the present case dismissed the appeal by saying that in identical cases the State Commission had taken the view that no provider of service including the coaching centers/Universities can be allowed to retain the tuition fee charged by it. The State Commission is the first court of appeal and is the final court of facts and is required to record reasons in support of conclusions arrived at. In the present case, the State Commission in a very vague manner relying upon certain judgments which have not been cited dismissed the appeal by making general observations. Each case has to be decided on its own facts. Order of the State Commission cannot be sustained and is accordingly set aside. The case is remitted back to the State Commission to decide it afresh in accordance with law after affording due opportunity of hearing to both the parties. Parties through their counsel are directed to appear before the State Commission on 02.05.2012. -4- Since it is an old case we would request the State Commission to dispose of the appeal as expeditiously as possibly and preferably within a period of four months from the date of appearance. | 
