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Per Justice Sham Sunder , President
This order shall dispose of the aforesaid two appeals, arising out of the order dated 17.2.2010, rendered by the District Consumer Disputes Redressal Forum-I, U.T. Chandigarh (hereinafter to be referred as the District Forum only), vide which it accepted the complaint and directed the OPs as under ;
“ The OPs are directed to refund the amount of Rs.2,00,000/- deposited by the complainant on 20.5.2008 and 1.08.2008 vide two receipts Annexure C7. The OPs shall also pay to the complainant Rs.50,000/- as compensation for adopting unfair trade practice and misrepresentation to the complainant, as held above and wasting his precious one year of career. The entire amount alongwith litigation costs of Rs.5,000/- shall be paid within 30 days from the receipt of the copy of this order, failing which, the OPs would be liable to pay the same alongwith penal interest @12% p.a. since the filing of the present complaint i.e. 23.10.2009, till the amount is actually paid to the complainant.”
2. The complainant undertook the CAT test for admission to Master’s Business Administration(MBA). He received interview letters, from various institutes, including OP-2 (now respondent No.1 in appeal No.129 of 2010). Allured by the false promises made by OP Nos.2 to 5 ( in the original complaint), that OP No.2, was affiliated with ICFAI University, Dehradun; that it was a study centre of the said University and he shall be given a regular degree of MBA, by the aforesaid University, he chose to get admission in MBA course, in their College, and deposited admission fee of Rs.15,000/-. At the time of admission, the complainant was made to sign the standard forms.Thereafter, he deposited another amount of Rs.1,85,000/- towards fee. He attended the classes in Sector 25, Chandigarh, for about 3 months. On 18/19.10.2008, all of a sudden, he was shocked to know that the name of the institute was changed from INC to INC Adam Smith. He also came to know, at that time, that the College was not affiliated with ICFAI University, Dehradun, but was affiliated with ICFAI University, Tripura, which was not disclosed to him, at the time of admission. It was further stated that the affiliation was subsequently changed to Sikkim Manipal University, and, thereafter, to Maharishi Dayanand University, Rohtak, within a year. It was further stated that a letter dated 21.10.08 was issued by OP Nos.2 to 5 for parent meeting in INC campus, wherein, requirement of 75% attendance of the students of MBA course was insisted which was only mandatory for a regular course. It was further stated that right from the very beginning, the OPs indulged into grave unfair trade practice, deficiency, in rendering service, committed fraud and cheating with the students, by giving misleading information, about their status, and by not providing required infrastructure, as was promised. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act,1986(hereinafter to be called as t
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