BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 07/03/2011

Date of Order : 29/09/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 135/2011

Between

And

O R D E R

C.K. Lekhamma, Member.

1. The undisputed facts of the complainant's case are as follows :

The complainant and her daughter had availed services for consideration from the opposite parties 1 to 3 for getting admission for the complainant's daughter in the 4^th opposite party Medical College. The 1^st opposite party is an agency started by the 2^nd and 3^rd opposite parties rendering services in the field of admission guidance and guaranteed admissions for professional courses among others. The 1^st opposite party was given a brochure to the complainant and was made to be convinced that an amount of Rs. 1 lakh could be paid as advance reservation fee for the seat for her ward. Accordingly, the complainant had paid Rs. One lakh to the opposite party. They issued receipt to the account of her daughter Asha Shyam. Further, for the purpose of admission to the said Medical College, the 2^nd and 3^rd opposite parties asked the complainant to come to Chennai, but the complainants were not able to get any admissions, stating flimsy grounds by the opposite parties. The 1^st opposite party replied that it was not their fault but blamed the college for that. The 1^st opposite party also made complaint believe that they will compensate for the hardships and expenses and informed that they will arrange for the admission on any other subsequent day. But the complainant demanded for the refund of the advance amount. The opposite parties offered refund through post dated cash cheque and the complainant without an alternative accepted the cheque. When the said cheque was presented on 02-09-2010, it was dishonoured by the drawee bank for the reason showing “stop payment.” The acts of the opposite parties amount to deficiency of service. The complainant caused to issue a notice to the opposite parties. The opposite parties have not complied with the demands in the notice. Hence the complainant approaches this Forum for the following reliefs against the opposite parties.

1. To direct the opposite parties to refund the advance amount of Rs. 1,00,000/- along with interest to the complainant.

2. To direct the opposite parties to pay an amount of Rs. 50,000/- as compensation towards expenses incurred in connection with visiting Chennai on 3 occasions and for mental agony and costs of the proceedings.

2. The complainant appeared through the counsel. The opposite parties remained absent even after completed the service of their notice through substituted service. The complainant was examined as PW1. Ext. A1 to A6 were marked. Thereafter, we have heard the counsel for the complainant.

3. The points for determination are :-

1. Whether the complainant is entitled to get refund of the advance amount from the opposite parties?

2. Compensation and litigation costs, if any?

4. Point Nos. i. and ii. :- We have gone through the documents on record. Ext. A3 receipt for Rs. 1 lakh was issued in favour of the complainant's daughter, which is the evidence for transaction between the parties. The complainant contended that in accordance of her demand to repayment of the advance amount, the 1^st opposite party issued Ext. A4 cheque in favour of the complainant and the same was submitted before the bank and it was dishonoured. The endorsement in Ext. A4 memo is “payment stopped by the drawer.” Ext. A5 is the copy of lawyer notice. Eventhough there is no evidence to prove that the 2^nd and 3^rd opposite parties are conducting the 1^st opposite party agency, there is no evidence to controvert the complainant's contention. Here the opposite parties have got ample opportunity to establish their case, but they opted not to appear in the Forum for reasons of their own. The evidence of the complainant remains unchallenged. In the above circumstances, we are of the firm opinion that the opposite parties are liable to return Rs. 1,00,000/- with interest to the complainant. We are not ordering any compensation and costs of the proceedings. Since, we have already ordered refund with interest to the complainant.

5. In the result, we partly allow the complaint and direct that, the opposite parties shall jointly and severally pay an amount of Rs. 1,00,000/- (Rupees One lakh only) with 12% p.a. from the date of payment i.e., on 19-06-2010 till realisation.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 29^th day of September 2011.

Sd/- C.K. Lekhamma, Member. Sd/- A. Rajesh,President.

Sd/- Paul Gomez, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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