IMPORTANT POINT
Complainant who does not come with clean hands, is not entitled to get any relief.

K.S. Chaudhari, Presiding Member—This revision petition has been filed by the petitioner against the impugned order dated 03.05.2007 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission (for short ‘the State Commission’) in Appeal No. 2225 / 2001, “Apeejay Institute of Management versus Prashant Bhatt” by which appeal was partly allowed.

2. Brief facts of the case are that complainant/respondent in July 2009 submitted application for admission in MCA Course of opposite party/petitioner which was to start in August 2000 and deposited Rs.1,50,000/-. He was given admission as a provisional student with the condition that fee can be increased. On talking opposite party, opposite party assured that admission would be finalised by 1.08.2000 and he was asked to attend classes. Complainant attended classes from 01.08.2000 to 21.08.2000 but opposite party did not make his admission final. Complainant’s father vide letter dated 28.08.2000 requested opposite party to refund fee. Opposite party sent cheque of Rs. 8,000/- towards caution money only. Alleging deficiency in service, complainant filed complaint before District Forum. OP resisted the complaint and submitted that as per prospectus, except caution money, no other amount was refundable because the seat falling vacant would remain vacant for the whole year. It was further submitted that complainant’s father had given undertaking that if his son wants to withdraw from the Institute at any stage he is ready to forego all payments of fees etc. It was further submitted that admission was not given provisional but only fees was provisional subject to increase / decrease as per the Government guidelines and prayed for dismissal of complaint.

3. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to refund Rs. 1,42,000/- with interest @12% p.a. and further allowed Rs.1,000/- as litigation cost. Appeal filed by the opposite party was partly allowed by learned State Commission and order of District Forum was modified and opposite party was directed to refund Rs.1,42,000/- after deducting tuition fees for one month against which this revision petition has been filed along with condonation of delay.

4. None appeared on behalf of the respondent even after service and he was proceeded exparte.

5. Heard learned counsel for petitioner and perused record.

6. Learned counsel for petitioner submitted that there was no delay in filing revision petition but as abundant caution application for condonation of delay was filed. He submitted that free copy was received on 09.05.2008 and revision petition has been filed on 26.05.2008 which is well in time.

7. Learned counsel for petitioner submitted that complainant fabricated fee receipt and fees deposited by him was not refundable even then learned District Forum committed error in allowing complaint and learned State Commission further committed error in dismissing appeal, to this extent hence revision petition be allowed and impugned order be set aside.

8. Perusal of record reveals that complainant filed copy of fee receipt showing word ‘Provisional’ at the top whereas document at page 126 which was tallied by me with carbon copy of the receipt book, there was no ‘provisional’ word. Thus, it become clear that complainant inserted word ‘provisional’ on the top of receipt to show that his admission was provisional whereas actually his admission was not provisional at all but fee was deposited subject to increase, which fact has clearly been mentioned on the top of receipt, i.e., ‘subject to increase in fees’.

9. Learned counsel for petitioner placed reliance on judgment of Hon’ble Apex Court in Indian Bank Vs. Satyam Fibres (India) Pvt. Ltd., (1996) 5 SCC 550 in which it was observed as under:-

“In Smith v. East Elloe Rural Distt. Council the House of Lords held that the effect of fraud would normally be to vitiate any act or order. In another case, Lazarus Estates Ltd. v. Beasley (QB at p.