IMPORTANT POINT
Publication of alluring misleading advertisement is unair.

Smt. Veena Misra, Member—This appeal has been preferred against the order dated 10.05.2010 passed by the District Consumer Disputes Redressal Forum, Durg (hereinafter referred to as ‘District. Forum’ for short) in complaint case No.119/2009, whereby the complaint was allowed.

2. Brief facts of the case as narrated in the complaint are that OP-2 is the Deemed to be University and provides distant education through its learning centre at Bhilai i.e. the OP-1 attracted by the advertisement of the OPs assuring to provide 100% placement after completion of course from their institute, the complainant had taken admission in 3 years degree course of Hotel Management. The OPs had also assured to assist in obtaining educational loan. After completion of course the complainant reminded OP-2 to provide placement but the said OP avoided the request time and again. The complainant made efforts for seeking a job on the basis of his course undergone under the OPs but he did not succeed because the reputation of the institute was not good. The complainant tried to gather information regarding the Ops under Right to Information Act and came to know that the OP-2 is a deemed to be University and as such it is not authorized to run distant learning centers away from its headquarter at Sardar Shahar, Distt. Churu. OP-2 had illegally started running the learning center at Bhilai through OP-1. Hence even in the Mark Sheet provided to the complainant, the name of the center has not been mentioned. The complainant had to spend a sum of Rs.2,31,000/- and the OPs had arranged for finance through State Bank of India, Kuchahri Branch, Raipur. As the complainant has not got any job as assured by the OPs, he has not been able to repay the loan. Hence due to illusive advertisement of the Ops the complainant has suffered great financial loss as well as loss of three invaluable academic years of his life. After serving legal notice complaint was filed before District Forum claiming reimbursement of the amount spent in undergoing the course together with damages for mental harassment and costs.

3. The opposite party No.1 had averred in their reply that the complainant had taken admission in dual course which included both the degree and diploma courses. Both courses are separate and required to be cleared by the complainant separately. It was further averred that the complainant had paid only a sum of Rs.1,54,000/- towards fee and rest of the amount of Rs.77,000/- were not paid to OP-1 but were spent by the complainant towards lodging and food. The complainant had cleared the examination of B.Sc.(Hotel Management & Tourism) but he failed to complete semester third to sixth of the other course i.e. Diploma in Hospitality Management. He was not regular in diploma course. He was taken for outdoor catering to hotel Celebration, Raipur where he behaved in an irresponsible manner in state of intoxication. His father was also informed about this incident. Though the complainant had completed only one of the courses the OP-1 got him appointed at Hotel Park Plaza, Jodhpur, (Raj.) but he left the job without intimation only after 4 days. Neither the advertisement of the OP was illusive nor the OP-l spoiled the career of the complainant, but on the contrary OP-1 had got him employed. If he has left the job the OP cannot be blamed. OP-1 has not committed any deficiency in service and the complainant is not entitled to any compensation. The complaint be dismissed.

4. OP No.2 remained ex-parte before the District Forum. No written version or affidavit was filed on their behalf.

5. The learned District Forum found the OPs liable for deficiency in service and directed the OPs to pay the awarded amount jointly and severally. Aggrieved by the said order the Opposite Party No.1 has filed the present appeal.

6. The learned counsel for the appellant assailed the impugned order on the ground that the matter is so intricate and complicated that detailed investigation is needed to a