The central legal point established is that educational institutions making false representations and failing to comply with affiliation requirements can be held liable under the Consumer Protection Act for refund of fees, compensation, and other relief to affected students.

Mr. Justice S.A. Kader, President—This is a complaint under Section 17 read with Sec. 12 of the Consumer Protection Act.

2. 2.The complainant joined the opposite party, Dr. Alexander Educational Foundation for B. Pharm Course during the year 1991-92, believing in the representations that the Institute has been granted affiliation by the Pondicherry University. He paid a capitation fee of Rs.30,000/- and also tuition fee of Rs.6,400/- in 3 installments. The complainant subse- quently learnt that this Institution has not been granted affiliation by the Pondicherry University, as it had not complied with the requirements for granting such affili- ation. He then called upon the Institution to return the original certificates, and to issue a transfer certificate. But the Institution failed to return the same. The complainant has lost one year study and has also spent Rs. 10,000/- for hostel accommodation. The complainant and other students have attempted to meet the opposite party, but in vain.

3. 3.The opposite-party has entered appearance through Counsel, but did not file any counter. The Counsel and the opposite-party remained absent at the hearing on 12.5.93 and they were set ex-parte.

4. 4.Exh.A1 to A13 are marked. Proof affidavit is filed. The claim is proved.

5. In the result we order as follows:

(1) The opposite-party shall refund to the complainant the capitation fee of Rs.30,000/- with interest thereon at 18% p.a. from 27.8.91 on which the last installlment has been paid till repayment.

(2) The opposite-party shall also refund the tuition fee of Rs.6,400/- with interest thereon at 18% p.a. from 4.3.92 which is the date of the payment of last instalment till repayment.

(3) The opposite-party shall pay Rs. 2,00,000/- as compensation to the complainant for loss of one year study and for expenses incurred for the hostel accommodation and for mental pain and agony.

(4) The opposite-party shall also return to the complainant the Higher Secondary School Leaving Certificate of the complainant and issue a Transfer Certificate and a Conduct Certificate to the complainant, failing which the opposite parties shall pay compensation in the sum of Rs. 1,000/- per month from the date of complaint till the date of compliance.

(5) The opposite-party shall also pay cost of Rs.2,000/- to the complainant.

(6) All these directions shall be complied with within one month from the date of this order.

Complaint allowed with costs.