BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
Wednesday, 3rd June 2015
CONSUMER COMPLAINT No. 31/ 2015
Y. Narasa Reddy, S/o Y. Aswartha Reddy,
D.No. 1/49, Upparapalli (V&P), Chennur (M),
Y.S.R. Kadapa Dist. ….. Complainant.
Vs.
1. The Correspondent, Sri Chaitanya Educational Institutions,
Plot No. 304, Kasetty Heights, Beside C.G.R International School,
Sri Ayyappa Society, Madapur, Hightech City, Hyderabad,
Telangana State.
2. N. Narasimhulu, Marketing Executive,
Sri Chaitanya Junior College, Kotireddy Circle,
Kadapa city, Y.S.R (Kadapa) District.
3. The Principal, Sri Chaitanya Junior College,
Boys Residential College, Vachapathi Bhavan,
Ashok Nagar, Bandar Road, Vijayawada – 520 007.
4. The Dean, Sri Chaitanya Junior College, Raman Bhavan,
Gudavalli, Vijayawada. ….. opposite parties.
This complaint coming on this day for final hearing on 02-6-2015 in the presence of Sri Bharani Kumar Naidu, Advocate for complainant and opposite parties 1 to 4 called absent and set exparte on 30-4-2015 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per V.C. Gunnaiah, President),
1. The complainant filed this complaint under section 12 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the opposite parties to return original T.C and original marks memo of the complainant’s son, to pay Rs. 1,00,000/- towards mental agony and Rs. 51,300/- towards deficiency of service and costs of the complaint.
2. The averments of the complaint in brevity are that the complainant’s son by name Y. Rajkanth Reddy passed S.S.C. examination during the year 2013-14. Opposite party No. 2 approached the complainant stating that he is marketing Executive of Sri Chaitanya Group of Educational Institutions and requested to join his son in their institution at Raman Bhavan Campus located at Gudavalli, Vijayawada. Complainant agreed for the same and paid an amount of Rs. 5,000/- to join his son at Raman Bhavan campus, Vijayawada on 7-6-2014 towards admission fee under application No. 145274657 and issued a receipt bearing No. 6171445. The complainant also received electronic message on 13-6-2014 to his mobile from O.P.4 stating that “Dear parent your ward Yerasani Raj Kanth Reddy course fee Rs. 8,500/- concession Rs. 25,000/- net fee Rs. 60,000/- for 1 year M.P.C in Raman Bhavan 4 campus, Sri Chaitanya”. The complainant went to Raman Bhavan campus, Vijayawada along with his son to join him. But O.P.4 informed that the admissions are closed at Raman Bhavan campus and advised to join his son at Vachaspathi Bhavan, Ashoknagar Vijayawada temporarily and promised to accommodate him at Raman Bhavan later. The complainant paid Rs. 25,000/- college fee, Rs. 5,800/- towards pocket money, Rs. 3,000/- towards books fee and Rs. 3,000/- towards dhobi fee under admission No. 145154449 on 15-6-2014. The complainant altogether paid Rs. 41,800/- to the opposite parties. The complainant’s son attended college from 16-6-2014 to 21-7-2014, thereafter the college declared home sick holidays from 22-7-2014 to 30-7-2014. On 3-8-2014 the complainant’s son went to the college and handed over original T.C. and Provisional Marks memo to O.P.3 and obtained a receipt. Most of the complainant’s son friends joined in Raman Bhavan campus so he was not interested to study at Vanaspati Bhavan Campus but he was not shifted to that campus. In spite of requests by the complainant to O.Ps 3 & 4 the complainant’s son was not shifted to Raman Bhavan campus. Both opposite parties 3 & 4 played gams that the complainant who is senior citizen and not shifted his son to the campus of Raman Bhavan. So the complainant vexed with the attitude of opposite parties 3 & 4 and the son of complainant remained in same premises. While so on 16-8-2014 at about 9.30 p.m the complainant received a phone call from O.P.3 stating that his son escaped from hostel and whereabouts is not known by hearing the same the complainant rushed to Vijayawada by spending Rs. 9,500/- towards tax rent. He approached O.P.3 but he gave evasive replies. The complainant insisted for issue of original T.C. and Original marks memo for refund of amount paid by him, but the opposite parties did not return the certificates and money. On the other hand they demanded Rs. 30,000/- for return of the certificates. Due to irresponsible behavior and cheating nature of the opposite parties 1 to 4 the complainant suffered mental agony and physical strain besides loss of academic year 2014-15 to his son. Hence, the complaint for the above reliefs.
3. Notices were issued to opposite parties 1 to 4 on admission of the complaint. The opposite parties 1 to 4 were served with notices but they remained exparte.
4. On the basis of the above pleadings the following points are settled for determination.
- Whether there is any negligence and deficiency of service on the part of the opposite parties?
- Whether the complainant is entitled for the relief’s as prayed for?
- To what relief?
5. To prove his case the complainant got marked Exs. A1 to A9 documents.
6. Heard counsel for the complainant and perused the documentary evidence placed on record by the complainant.
7. Point Nos. 1 & 2. O.P.1 is the correspondent, Sri Chaitanya Educational Institutions, O.P.2 is N. Narasimhulu, Marketing Executive, Sri Chaitanya Junior College, O.P.3 is Principal, Sri Chaitanya Junior College, Boys Residential College, Vachapathi Bhavan, Vijayawada and O.P.4 is the Dean, Sri Chaitanya Junior College, Raman Bhavan, Gudavalli, Vijayawada. All the above four persons served notices of the complaint filed by the complainant but they did not turn up to contest the matter.
8. The complainant in support of his version to prove that his son was joined in Sri Chaitanya Educational Institutions and paid Rs. 41,800/- filed Exs. A1 to A9. Ex. A1 is the cash receipt dt. 7-6-2014 issued by Sri Chaitanya Educational Institutions by its authorized signatory N. Narsimhulu. The said document shows that an amount of Rs. 5,000/- was paid by the complainant for admission of his son at Sri Chaitanya Institutions on 7-6-2014. Ex. A2 is the receipt dt. 15-6-2014 for an amount of Rs. 25,000/- issued by Vanaspathi Bhavan authorities that tuition fee of Rs. 25,000/- was received from the complainant for his son. Ex. A3 is cash receipt for an amount of Rs. 5,800/- on the same day from the complainant towards packet money of his son. Ex. A4 is the cash receipt dt. 15-6-2014 for an amount of Rs. 3,000/- from the complainant by the opposite parties towards books. Ex. A5 is the acknowledgement card issued by Sri Chaitanya Educational Institution, Ashoknagar, Vijayawada that SSC original Certificate and T.C of complainant’s son were received by them on 3-8-2014. Ex. A6 is the transport bill, dt. 18-8-2014 for an amount of Rs. 9,500/-. Ex. A7 is the office copy of legal notice dt. 5-3-2015 issued to the opposite parties 1 to 4. Exs. A8 & A9 are postal receipts and acknowledgement cards. All the above documents clearly and categorically proved that the complainant’s son by name Y. Rajkanth Reddy was joined in opposite parties institutions by paying total Rs. 38,800/- to the opposite parties.
9. According to the complaint though the opposite parties promised to admit his son in Raman Bhavan Campus at Gudavalli, Vijayawada but not admitted there instead they admitted him in Vachaspathi Bhavan, Ashoknagar, Vijayawada contrary to the promise made by O.P.2 at the time of paying admission fee under Ex. A1. In spite of requests by the complainant his son was not shifted from Vachaspathi Bhavan to Raman Bhavan by opposite parties 3 & 4. It is further case of complainant that his son escaped from hostel on 16-8-2014, as per phone call from O.P.3 and he went to Vijayawada in taxi and searched his son and brought back his son and decided not to keep there as opposite parties behavior is irresponsible and there is no safety for his son there. He also demanded for return of his son’s certificates and the amount paid by him but the opposite parties refused for the same.
10. As seen from the complaint averments of the documents filed by the complainant the complainant son was admitted in opposite parties institutions and his son stayed there from 16-6-2014 to 21-7-2014 and again after home sick holidays he went to college on 3-8-2014 and stayed there till 16-8-2014. So even as per version of the complainant his son stayed in Vachaspathi Bhavan for a period of 1 ½ months only thereafter he was brought back to his home by the complainant on phone call by O.P.3 that he was escaped from the hostel. As seen from Ex. A1 to A4 the complainant altogether paid Rs. 38,800/- out of the amount of Rs. 30,000/- towards fee, Rs. 5,800/- towards pocket money and Rs. 3,000/- towards books. So even if there is negligence on the part of the opposite parties there is also contributory negligence on the part of the complainant to join his son at a far of place from his house at that young age. However, since the complainant had taken back his son to his home the complainant is entitled for return of certificates of his son from the institution of opposite parties 1 to 4. Since, the complainant had already paid Rs. 38,800/- towards admission fee and pocket money and books and the complainant’s son stayed in the hostel for 1 ½ month at least amount of Rs. 8,800/- is required for his food and accommodation in the hostel for the period of his stay in hostel. Actually under Ex. A1 & A2 the complainant paid fee of Rs. 30,000/- only to the opposite parties. So, the complainant is entitled for return of fee paid by him under Ex. A1 & A2 for Rs. 30,000/- only out of Rs. 38,800/- paid by him. Since the opposite parties failed to accommodate the complainant’s son in Raman Bhavan as promised and admitted him in Vanaspathi Bhavan contrary to the promise made by them, there is deficiency of service on the part of the opposite parties. Hence, the complainant is entitled for return of original T.C. and Original provisional marks memo of complainant’s son and fee of Rs. 30,000/- paid by him and Rs. 3,000/- towards mental agony and Rs. 1,000/- towards travelling charges and Rs. 1,000/- towards costs. Accordingly, the points 1 & 2 are answered in favour of the complainant.
11. Point No. 3 In the result the complaint is allowed in part, directing the opposite parties 1 to 4 to return original T.C. and original Provisional Marks Memo of complainant’s son, and shall pay an amount of Rs. 30,000/- (Rupees thirty thousand only) towards return of fee paid by him, Rs. 3,000/- (Rupees three thousand only) towards mental agony, Rs. 1,000/- (Rupees one thousand only) towards transport charges and Rs. 1,000/- (Rupees one thousand only) towards costs of complaint, within 45 days from the date of receipt of this order to the complainant, failing which the amount of Rs. 30,000/- shall carry interest @ 9% p.a. till realization. The rest of the complainant’s claim is disallowed.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 3rd June 2015
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Respondents : NIL
Exhibits marked for Complainants : -
Ex.A1 Receipt dated 07-6-2014 for Rs.5,000/- issued by Marketing Executive N. Narasimhulu of Sri Chaitanya Junior College, in favour of complainant’s son.
Ex.A2 Receipt Dt. 15-6-2014 for Rs.25,000/- towards college fee under Admission No.14515449 issued in favour of complainants son.
Ex.A3 Receipt Dt. 15-6-2014 forRs.5,800/- towards Pocket Money issued in favour of Complainants son.
Ex.A4 Receipt Dt. 15-6-2014 for Rs.3,000/- towards Pocket Money issued in favour of complainants son.
Ex.A5 Acknowledgement of receipt of the T.C. and provisional marks memo issued by Sri Chaitanya Junior College, Vachaspathy Bhavan, Vijayawada.
Ex.A6 Transport Bill Dt. 18-8-2014 for Rsa.9,500/- issued by S. Khader Basha Tours and Travels, Nabikot, Kadapa in favour of the complainant.
Ex.A7 Office copy of Legal Notice Dt. 5-3-2015 issued to O.Ps 1 to 4.
Ex.A8 Postal Receipts 4 in number Dt. 7-3-2015.
Ex.A9 Postal acknowledgement cards 2 in number.
Exhibits marked on behalf of the Opposite parties :-
MEMBER PRESIDENT
Copy to :-
- Sri Bharani Kumar Naidu, Advocate for complainant.
- The Correspondent, Sri Chaitanya Educational Institutions,
Plot No. 304, Kasetty Heights, Beside C.G.R International School, Sri Ayyappa Society, Madapur, Hightech City, Hyderabad, Telangana State.
- N. Narasimhulu, Marketing Executive, Sri Chaitanya Junior
College, Kotireddy Circle, Kadapa city, Y.S.R (Kadapa) District.
- The Principal, Sri Chaitanya Junior College, Boys Residential
College, Vachapathi Bhavan, Ashok Nagar, Bandar Road, Vijayawada – 520 007.
- The Dean, Sri Chaitanya Junior College, Raman Bhavan,
Gudavalli, Vijayawada.
B.V.P.
