Heard learned counsel for   the appellant

    2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                   The case   of the complainant, in nutshell is that  the complainant took admission in the institution of OPs to prosecute  the course of Diploma in Information and System Management(D.I.S.M)  and for that the OP has collected the entire amount of Rs.16,400.00  towards course fees It is alleged inter-alia that the complainant  was not allowed to sit in the  two semister examination in one year course under such discipline.  The complainant  requested  to refund the course fee but it was not refunded. So, the  complaint was filed.

4.            The OP  filed written version  alleging that the complainant  is not a consumer because   he is a student. Moreover, it is averred that complainant has remained absent in the class and there is less percentage of attendance for which it was neither   allowed to appear in the examination, nor  he is entitled to refund of the money as prayed for.  Therefore, there  is no deficiency in service on the part of the OP.  

5.                       After hearing both the parties, learned District Forum   passed the following order:-

               Xxxx              xxxx              xxxx

                                “ The complaint  petition is allowed on contest against the OPs. OP No.1 is directed to refund the entire amount of Rs.16,400.00 to the petitioner collected as course fees alongwith interest at the rate of Rs30,000.00 as compensation to the petitioner  towards mental agonies  and frustration of the petitioner and his family members alongwith a sum of Rs.5000.00 as cost of litigation all of which is to be paid within one month from the date of receipt of this order.”

6.                  Learned counsel for the appellant submitted that   learned District Forum without appreciating  the written version has passed the impugned order which is illegal nd improper. According to him the complainant was negligent in attending  class and submitting the project report for which  he is disqualified to  appear in the examination. Learned District Forum ought to have applied judicial mind to the fact and law. So, he submitted to set-aside the impugned order by allowing the appeal.

7.               Considered the submission of learned counsel for the appellant,  perused the DFR and impugned order.

8.                       The only question  arises  in this case whether the complainant is entitled to refund of  the amount of Rs.16,400.00 towards course fees. The complainant is required  to prove the deficiency in service on the part of the OP. It is admitted fact that the complainant has taken admission in the D.I.S.M. course floated by the OPs. The complainant has also proved the certificate issued by OP No.1 vide Ext.3 to show that he has attended two Semister course and waiting for final examination. When the complainant has proved that he has attended the classes and the OP did not prove any terms and condition for admission into D.I.S.M. course, it must be held that the complainant had attended the two semister course floated by the OP. There is no document filed  by the OP to prove  that there is necessity of completion of the project to appear in the examination. When course fee has been paid and the complainant has already completed the course but not allowed to appear in the final examination, the complainant is not entitled to refund of the course fee. This aspect has not been studied  by the learned District Forum but we are of the view that  after certificate being issued by the OP No.1 about completion of the course but not allowed to appear in the examination  it itself deficiency in service on the part of the OP. Therefore, we modified the impugned order by directing OPs   to remove the deficiency in service by paying compensation of Rs.30,000/-  and Rs.5,000/- towards cost to the complainant. The order  to pay Rs.16,400/- by OP No.1 is set-aside as per the observation made above.

9.              In view of above circumstances, the appeal is partly allowed.

               Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.  

               DFR be sent back forthwith.