PUNJAB STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, CHANDIGARH
Honble Mr. Justice A.L. Bahri, President &
Mr. Ram Lal Gupta, Member
D.A.V. INSTITUTE OF PHYSIOTHERAPY—Appellant
versus
MISS NAVLEEN KAUR & ORS.—Respondents
Appeal No. 952 of 1996—Decided on 7.1.1998
(ii) Consumer Protection Act, 1986 - Appeal - Four complaints decided by Distt. Forum by one common order - One appeal by four complainants against order is not competent. (Para 9)
(Hi) Consumer Protection Act, 1986 - Sections 2 & 14 - Admission to the course of diploma in physiotherapy on representation that appellant institute was approved by Indian Association of Physiotherapists & syllabus & Curriculum was as per international standard of physiotherapy Institute was not recognised by IAP - Defence plea that students had been told by members of selection committee that admission to the institution was pending approval by IAP not being taken before Distt. Forum, could not be allowed - Most of the students having continued their studies in the institute could not adversely affect the case of complainant - Distt. forum rightly held it deficiency in service & awarded compensation - No evidence was adduced by complainants showing exact extent of loss suffered - They had suffered one year of their career - Compensation of Rs. one lac to each complainant was one higher side - Compensation of Rs. 10,000/- besides refund of fee deposited by each complainant awarded. (Paras 11 to 17)
Result: Appeal allowed.
Mr. Ram Lal Gupta, Member—Vide this order five appeals i.e. Appeal No. 952 of 1996 D.A.V. Institute of Physiotherapy v. Miss Navleen Kaur & Ors., Appeal No. 953 of 1996 - D.A.V. Institute of Physiotherapy v. Miss Kavita Kaushal & Ors., Appeal No. 954 of 1996, D.A.V. Institute of Physiotherapy v. Miss Chetna Arora & Ors., Appeal No. 955 of 1996, D.A.V. Institute of Physiotherapy v. Samir Sehdev & Ors., and Appeal No. 939 of 1996, Miss Chetna Arora & Others v. D.A.V. Institute of Physiotherapy and Ors., challenging order of District Forum, Jalandhar dated 18.10.1996 are being disposed of. Four complaints i.e. Complaint No. 200 of 1995, Miss Chetna Arora & Anr. v. D.A.V. Institute of Physiotherapy & Anr., Complaint No. 655/201 of 1995, Miss Kavita Kaushal & Anr. v. D.A. V. Institute of Physiotherapy & Anr., Complaint No. 202 of 1995, Samir Sehdev & Anr. v. D.A.V. Institute of Physiotherapy & Anr., and Complaint No. 249 of 1995, Miss Navleen Kaur & Anr. v. D.A.V. Institute of Physiotherapy & Anr., had been decided by one common order under challenge by the District Forum, Jalandhar. Learned Counsel appearing for the parties have stated that the appeals before this Commission can also be disposed by one order as the same points of law and facts are involved in all the cases.
2. The facts in representative capacity may be noticed from Complaint No. 249 of 1996 and Appeal No. 952 of 1996 arising out of the said complaint.
3. The complainants Miss Navleen Kaur and others approached the District Forum by stating that the opposite parties have established D.A.V. Institute of Physiotherapy at Jalandhar from the year 1994 for introducing Diploma in Physiotherapy course of 3½ years plus three months internship. For admission in the said diploma in Physiotherapy a number of advertisements were issued in various newspapers all over India by the opposite parties and to demonstrate that the advertisements published in the Hindustan Times on 21.7.1994 and 30.7.1994 have been annexed as Annexures C-l and C-2 wherein it is mentioned that the D.A.V. Institute of Physiotherapy is approved by Indian Association of Physiotherapists (in short IAP) and the syllabus and Curriculum is as per International standard of Physiotherapy and it was stated that application on prescribed form for admission in diploma in Physiotherapy from the candidates obtaining minimum 45% marks in 10+1 (Medical) would be received upto August 10, 1994 by 4 p.m. Prospectus alongwith admission form can be had from the office of the Institute on payment of Rs. 100/- or by sending Rs. 120/- by Bank Draft only, if required by post in favour of Director, D.A.V. Institute of Physiotherapy, Jalandhar. The complainants purchased the prospectus and application form Annexure C-3 for Rs. 100/- for admission in the Diploma in Physiotherapy for session/academic year 1994-95. In the prospectus, it was inter alia mentioned that the course is recognised by I.A.P., an All India body recognised by the Government of India and the Curriculam and Syllabus is as prescribed by the I.A.P. and conforming to International standard of Physiotherapy. Examination will be conducted by the faculty constituted by I.A.P. The complainants deposited Rs. 200/- for Entrance Test and the same was held on 14.8.1994 for admission in the session/ academic year 1994-95 followed by interview on 15.8.1994 and they being successful were granted the admission.
4. In the prospectus Annexure C-3, the fee structure was not mentioned and on the asking of the opposite parties they deposited the requisite fee and it has been stated that the complainants deposited Rs 10,000/- vide receipt No. 4 dated 18.8.1994 Annexure C-4, Rs. 9,000/- vide receipt No. 22 dated 1.9.1994 Annexure C- 5, Rs. 9,000/- vide receipt No. 23 dated 1.9.1994 Annexure C-6 and Rs. 7,000/- vide receipt No. 26 dated 2.9.1994 Annexure C-7. The opposite parties pronounced that the fee of Rs. 35,000/- is for 1½ years and thereafter for each next year they will be
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