Karnataka

Bangalore 2nd Additional

CC/439/2008

Abdul Samad,S/o Late Abdul Khareem, - Complainant(s)

Versus

Administrator/Manager, - Opp.Party(s)

IP

26 Mar 2008

ORDER


IInd ADDL. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.1/7, Swathi Complex, 4th Floor, Seshadripuram, Bangalore-560 020
consumer case(CC) No. CC/439/2008

Abdul Samad,S/o Late Abdul Khareem,
...........Appellant(s)

Vs.

Administrator/Manager,
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

26/03/2008 Complainant/By Sri:- IP Opposite Party/By Sri:- ORDER This is a complaint filed by the complainant seeking refund of Rs. 2,000/- with costs and compensation. The facts of the case are that, the complainant joined the course with the opposite party and remitted initial tuition fee of Rs.1,500/- on 19/11/2007. agreed to provide service of cook at the house of complainant at the rate of 1,500/- on 19/11/2007. The complainant attend the course for 15 days from 2-00 P.M to 4-00 P.M and as per the request of the complainant opposite party change the time between 10-00 AM to 12-00 noon. The opposite party gave training with note for few days. Complainant is not able to complete the course. The opposite party abused the complainant stating that he is not a fit person for the course. Due to harassment of opposite partry the complainant paid amount of Rs.500/- on 28/1/2008. Complainant completed 50% portion of the course. Complainant is a poor student and he is not able to bear the extra demand made by the opposite party for the said course. Hence, the complainant demanded for refund of amount. Notice was issued to the opposite party. Notice was served on the opposite party. In spite of service of notice the opposite party has not appeared and defence version not filed. The complainant has filed affidavit evidence. Complainant was heard in person. I have gone through the complaint, documents and affidavit. The complainant has produced a receipt for R.1,500/- dated 19/11/2007 and another receipt dated 28/1/2008. So, as per the receipt produced by the complainant he has paid in all Rs.2,000/-. As per the allegation made by the complainant he has completed only 50% of the course and another 50% of the course was not completed. He has made some allegations against the opposite party in respect of the deficiency in service. The case made out by the complainant has gone unchallenged. The opposite party has not appeared and contested the matter. In the absence of any defence version, the allegation made by the complainant has to be accepted. The complainant has paid in all Rs.2,000/- to the opposite party and as per his own admission he has completed only 50% of the course. Therefore, it would be just fair and proper to direct the opposite party to refund Rs.1,000/- to the complainant. In the result, I proceed to pass the following:- ORDER 3. The complaint is allowed. The opposite party is directed to refund Rs.1,000/- to the complainant within 15 days from the date of this order. The opposite party is directed to send or pay the amount to the complainant directly with intimation to this Forum. 4. Send the copy of this Order to both the parties free of costs immediately. 5. Pronounced in the Open Forum on this 26TH DAY OF MARCH 2008. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER