ORDER

(Per: D.K. Tyagi, Member):

            This is an appeal under Section 15 of the Consumer Protection Act, 1986  against the order dated 28.12.2007 passed by the District Forum, Haridwar in consumer complaint No. 169 of 2007.  By the impugned order, the District Forum has allowed the consumer complaint ex-parte against the appellants-opposite parties and directed them to pay a sum of Rs. 17,300/- against the amount received from the complainant as fee, Rs. 300/- as application fee and Rs. 5,000/- towards physical and mental agony, total sum of Rs. 22,600/-, as well as            Rs. 2,000/- towards litigation expenses to the complainant-respondent, within one month from the date of order.

2.       Briefly stated the facts of the case as mentioned in the consumer complaint are that in advertisement in the local newspaper and pamphlets it was mentioned by the opposite parties that their college is recognized and affiliated with the Allahabad Agriculture Institute Deemed University, Allahabad.  On 25.05.2005, the complainant obtained application form with prospectus from the opposite parties’ said institution for his admission in BCA and on 18.07.2005 and on 19.07.2005 on depositing the required fees of First Semester, the complainant got admission with the said institution of the opposite parties in BCA First Semester course under the Rules and Regulations of the opposite parties.  Classes for session 2005-06 for First and Second Semesters were started. Result of First Semester examination was to be declared by December, 2005 and by the month of January, 2006, classes for Second Semester were to be started. But without conducting the examination of First Semester, the opposite parties started the classes of Second Semester, for which students protested and Principal was forced to conduct the examination of First Semester, but all went in vain. The complainant had written a letter to Allahabad Agriculture Institute Deemed University, Allahabad, which was replied by the University that the examination for First Semester shall be conducted and admit cards were issued on 05.05.2006. On seeing the admit card, the complainant became shocked because the admit card was issued from Distance Education Academic Centre.  The complainant informed the Principal regarding the admit card, then the opposite party No. 2-Principal said that “you are only concerned with your degree, not with the affiliation of the college” and the syllabus is recognized by the university.  The Principal has also said that college is trying to take recognition from H.N.B. University, Srinagar, Garhwal.  On the assurance of the Principal, the complainant appeared in the examination of First Semester.  Due to delay in conducting examinations of First Semester, there was hindrance in classes as well as examinations of Second Semester.  It was told that examinations of Second Semester will be held in the month of July, 2006, therefore, it was not possible for the complainant to study the course of Second Semester within a short period of one month.  The Principal has also not given satisfactory answer regarding recognition of college, therefore, complainant approached the Principal to refund the money of Rs. 17,300/-, which was received by the college.  The Principal has assured the complainant that this amount shall be refunded to the complainant after taking permission from the university and also said that the complainant should not disclose this fact to the other students.  The complainant met the Principal several times to refund the amount of fees in the month of May, 2006, but all went in vain.  The complainant alongwith his father and some other persons again met the Principal in the month of March, 2007, but the Principal insulted them and said that he had received fees of one semester, for which examination of First Semester has already conducted and no fee will be refunded now. The complainant sent a legal notice through his advocate and demanded    Rs. 17,300/- as amount of fee, which was deposited in the college and also        Rs. 50,000/- as compensation and Rs. 30,000/- for mental and physical harassment. This notice was sent on 19.03.2007, which was received by the opposite parties, even then the opposite parties did not pay the amount to the complainant. Therefore, the complainant has filed a consumer complaint before the District Forum, Haridwar. The Principal-opposite party No. 2 has committed fraud with the students, as the college is not affiliated with Allahabad Agriculture Institute Deemed University, Allahabad (AAI-DU) and received Rs. 17,300/- from the complainant.  This act of the opposite parties show deficiency in service on their part. The opposite parties have wasted time of complainant of one Academic Session.

3.       The District Forum issued notice to the opposite parties-appellants, but they did not appear before the District Forum and as such, the District Forum vide order dated 26.07.2007 proceeded the consumer complaint ex-parte against the opposite parties and decided the same vide impugned judgment and order dated 28.12.2007 in the above terms. Aggrieved by the said order, the appellants have filed this appeal.

4.       We have heard learned counsel for the appellants and have also perused the record.  None appeared on behalf of the respondent.  It appears from the judgment and order that before the District Forum, the consumer complaint proceeded ex-parte against the appellants. The appellants did not file any written statement before the District Forum against the consumer complaint filed by the respondent.  It is a settled principle of law that all the parties involved in the matter in question should get proper opportunity of being heard.

5.       We have noticed that the appellants could not file written statement before the District Forum and the District Forum did not give opportunity to the appellants for adducing evidence on affidavit and disposed of the consumer complaint merely on the basis of the pleadings of the respondent only, which is contrary to the principle of natural justice. The Hon’ble Apex Court in the case of Topline Shoes Ltd. Vs. Corporation Bank; II (2002) CPJ 7 (SC), has observed that “it is for the Forum or the Commission to consider all facts and circumstances along with the provisions of the Act providing time frame to file reply, as a guideline, and then to exercise its discretion as best it may serve the ends of justice and achieve the object of speedy disposal of such cases keeping in mind the principle of natural justice as well.”

6        In view of the Hon’ble Apex Court’s decision, we are unable to sustain the order passed by the District Forum and set aside the same.

7.       The Hon’ble National Commission in the case of Mathura Mahto Mistry Vs. Bindeshwar Jha (Dr.) and another; I (2008) CPJ 109 (NC), has held that disposing of the complaint simply on pleadings without directing the parties to file evidence by way of affidavits is illegal on the face of it.  The Hon’ble National Commission in the aforesaid judgment has also held that “moreover without adducing evidence, both the parties obviously did not get an opportunity to prove their respective case, in view of which, we are unable to sustain the order passed by the District Forum, which is set aside and the case is remanded back to the Forum below to give an opportunity to both the parties to lead evidence by way of affidavits and also permit cross-examination through questionnaire and reply and only after completion of all the necessary procedure as per law, the District Forum shall hear the case on merit and dispose it of preferably within a period of three months from the date of receipt of this order.”

8.       Thus, we feel it just and proper to remand the case to the District Forum for decision afresh in accordance with law.  The appellants shall file their written statement before the District Forum on or before 29.02.2016 positively and thereafter the District Forum shall afford a reasonable opportunity to the parties to adduce evidence in support of their case.  The District Forum shall take all sort of endeavour to decide the consumer complaint as early as possible and preferably within a period of three months from the date of filing the written statement by the appellants.

9.       With the aforesaid observations, the appeal is allowed.  Impugned judgment and order dated 28.12.2007 passed by the District Forum, Haridwar is set aside and the case is remanded back to the District Forum for decision afresh in accordance with law.  The appellants are directed to file their written statement before the District Forum on or before 29.02.2016 positively and thereafter the District Forum shall grant reasonable opportunity to the parties to adduce evidence in support of their case. The District Forum is further directed to decide the consumer complaint expeditiously and preferably within a period of three months from the date of filing the written statement by the appellants. It is made clear that the District Forum shall not grant any adjournment to the appellants seeking time for filing the written statement. Copy of the order be sent to the District Forum, Haridwar immediately.  No order as to costs.  The amount deposited by the appellants as statutory amount at the time of filing the appeal be released in favour of the appellants.