Heard counsel for both the parties.

2.        The case of the complainant is that  he being influenced on the reputation in the field of education, approached the opp.party to admit his daughter Divya Gupta in B.Tech & M.Tech dual degree course. The initial admission fee of Rs.55,000/- was paid to the opp.party by Demand Draft on proper acknowledgement vide MR No.KSBT/10-11/244 on 9.6.2010 with assurance to inform as regards the date of commencement of the session, thereafter the opp.party further demanded Rs.85,000/- against tuition fees & hostel charges which was also paid by the complainant vide DD No. 456 dated 22.6.2010 of Central Bank of India, Dholpur Branch payable at Bhubaneswar which was encashed but no receipt was granted to this effect, as such in aggregate, he paid Rs.1,40,000/- to the opp.party towards overall course fee of B.Tech & M.Tech course. In spite of paying full amount of course fee, the daughter of the complainant was not informed about commencement of the classes, as such the complainant sent letters dated 20.8.2010, 29.8.2010 & 30.8.2010 which were not responded. Being aggrieved & dissatisfied with the attitude of the opp.party by not intimating the date of commencement of the session, the daughter of the complainant requested for refund of money of Rs.1,40,000/- who issued a cheque vide No.082904 dated 28.10.2010 for Rs.67,500/- only with keeping the balance amount of Rs.72,500/-. It is alleged that due to deficiency in service on the part of the opp.party, the daughter of the complainant has suffered a lot by wasting a complete year on her academic part of life by not only keeping the money of the compliant but the opp.party failed to render service even after receiving the consideration money for the same. Finding no alternative, the complainant sent a registered notice to the opp.party through his advocate on 22.11.2010 to which there is also no positive response. Divya Gupta being minor she represented through her father guardian. On 28.9.2011 case was admitted before forum below and notice was issued to opp.party. As no steps filed by the complainant though notice was sufficient ,the opp.party was set ex parte. Finally, on 17.9.2012 case was disposed of by learned forum below directing the opp.party to refund the balance amount after deducting the charges towards processing fee out of Rs.72,500/- as per brochure condition/rule., if any, to the complainant. Further directed to pay Rs.10,000/- towards compensation for mental agony and Rs.2,000/- towards cost of litigation to the complainant. 3.           Challenging the said ex parte order the appellant has preferred the present appeal.

4.        Today learned counsel for appellant filed additional affidavit enclosing the notification dated 16.2.2004 of Ministry of Human Resource Development, Department of Secondary & Higher Education, showing the Central Govt. on the advice of UGC declared the Kalinga Institute of Industrial Technology, Bhubaneswar, Orissa as deemed University vide Annexure – A/6 and extension of such approval vide Annexure – A/7. Counsel of appellant also filed other documents vide Annexure – A/2 to Annexure – A/5 in support of its case. Counsel of appellant fairly submits that the appellant could not file said documents before forum below for just & proper adjudication of the case as such matter be remanded and they may be allowed to file written statement & document before forum below.

5.        During the course of hearing learned counsel for both the parties prayed to remand the matter for fresh hearing.

6.        Heard learned counsel for both the parties. Perused the records and documents. Learned forum below has passed the order ex-parte without any written version. We found the complaint  petition is supported by verification and evidence in shape of affidavit or any affidavit in support of her grievance/complaint petition has not been filed by complainant. On the prayer of both the counsel, we set aside the ex pare order passed by learned District Forum, Bhubaneswar and remand the matter for fresh hearing.

7. We make it clear that on 28.6.2022 both the parties or through their counsel, shall appear before the learned District Commission, Bhubaneswar, if the opp.party files written version affidavits and documents same be accepted subject to payment of cost of Rs.3,000/- by the opp.party to complainant. If the complainant files any affidavits and documents same be accepted and mater shall be disposed off on merit giving chance  of hearing to both the parties within two months from the date of their appearance before forum below.

         DFR be sent back forthwith.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.