IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
Dated this the 21st day of June 2018
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President
Sri. M.Praveen Kumar,Bsc, LL.B ,Member
CC.No.17/18
ORDER
Unnikrishnan.R : Complainant
S/o Ramachandran
Punaykodu Veedu, Venkodu P.O
Vattappara, Thiruvananthapuram-695028
V/s
1. Ajith Kumar : Opposite Parties
Director, Sreepathi Trust
Thekkematam Road, Pazhayanadakkvu
Thrissur-680001
2. Deepak Krishnan
Director, Ashtapathi Foundation, 39/40
Pinnacle Archade, Chittoor Road, Cochin-682011
Eranakulam.
3. Sabitha Deepak
W/o Deepak Krishnan
Director, Ashtapathi Foundation, 39/40
Pinnacle Archade, Chittoor Road, Cochin-682011
Eranakulam.
E.M.MUHAMMED IBRAHIM , President
This is a consumer complaint filed under Section 12 of the Consumer Protection Act against 3 opposite parties praying to refund various amounts received in connection college admission to the engineering course compensation along with interest and costs.
The averments in the complaint in short are as follows.
The complainant obtained admission during the month of July 2015 for Auto mobile Engineering course of the Pinnacle School of Engineering and Technology at Anchal, Kollam District. At the time of obtaining admission, the father of the complainant was also along with him and he obtained admission
2
for 2015 KEAM Auto Mobile Engineering. But the management made the complainant and his father to believe that if they have shifted to Mechanical Engineering , Rs.10,000/- will be reduced from the fee and asked whether they are interested. As the complainant is interested in Mechanical Engineering the management has offered fee concession he enquired whether he will get admission in the government seat for Mechanical Engineering course. But the management told him that all the government seats were filled and only management seats were available and therefore he obtained admission in the management seat for Mechanical Engineering and paid Rupee 85,000/- as follows.
University fee - 65,000/-
Caution Deposit - 10,000/-
Admission Fee - 2,000/-
University Fee - 1,500/-
PTA Fee - 1,000/-
Library Fee - 2,000/-
I.T. facility fee - 1000 /-
Student Council fee - 1000/-
After the commencement of the class he came to understand that Rs.25,000/- alone need be paid by the students who admitted in the merit and he was deceived by the management authorities. However for the 1st semester of Pinnacle College of Engineering and Technology conducted by the opposite parties a few subjects alone were taught. The laboratory was not properly functioned. The students including himself have not even seen all the laboratories. As there was no proper teaching at the class rooms he could not follow the subsequent semesters. After completing 1st semester there was no
3
class at all. The students felt lack of staff members in college. Even in the engineering papers they have passed and obtained less knowledge. The complainant appeared for several supplementary examination to pass the subjects. He has to spent huge amount for appearing supplementary examination and revaluation. The condition of 3rd and 4th semester was also similar to the condition mentioned above. As the hostel arranged by the opposite parties were not having sufficient facilities, he has to travel for 4 hours per day and therefore he felt fatigue and hence he could not concentrate on his studies properly and the journey for 53 Km per day has created health problems also. Though he attempted to change the college, he could not succeed as he has not obtained sufficient marks. His future was in trouble due to the deficiency in service and unfair trade practice on the side of the management of the college and therefore he suffered mental as well as physical problems. The college authorities have not solved the problems of the students, they evaded from their responsibilities. Even though the students convinced the management regarding the lack of facilities of the college they have evaded the same by not attending the college and therefore the students have suffered a lot. The principal or other staff members were not attending the college. Though the complainant and other students have made complaints before the staff members, they advised to contact the management. In order to attract the attention of the management, the students went on strike. The management authorities came to the college and promised to settle all the problems but in vain. Even when the students stepped into 5th semester the lack of facilities continued. It was also made known to the complainant that the management authorities have not deposited the amount due to university and therefore the students could not appear for 5th semester examination. Though they demand to contact the management authorities, they evaded and therefore the complainant and other students entered in to day and night strike. As a result
4
the management paid few amount at the university and made arrangement for writing the 5th semester examination. As the college has not engaged sufficient facilities for conducting university examination the 5th semester examination were directly conducted under the externals deputed by the university. During the course of examination 3rd opposite party contacted the complainant and other students and informed that the college has been closed and directed to shift from that college to any other engineering college. However the complainant managed to obtain admission at the Yunus Institute of Engineering, Kannanalloor for which he suffered a lot.
In the circumstance the complainant seeks to direct the opposite parties to return Rs.80,000/- being the loss sustained for 2 years due to the shifting of admission to the merit seat to the management seat Rs.12,800/- being the bank refund the amount for 2 years, Caution deposit Rs.10,000/- and Rs.3000/- remitted by him for the facilities which was not provided. The complainant further pray to direct the opposite parties to pay Rs.30,000/- being the amount deposited to the new college at the 3rd year Rs.20,000/- being increased fee in the merit seat. The complainant further prays to direct the opposite party to pay interest @ 9% per annum for the above amount and also to pay Rs.8,00,000/- as compensation.
Though notice was served on opposite party No.1 to 3, they have neither appeared before the forum nor filed any version. Hence they were set exparte.
The complainant filed affidavit by reiterating the averments in the complaint and got marked Ext.P1 to P5 documents.
Heard the complainant who himself has conducted the case. Perused the records.
Ext.P1 is the allotment memo issued to the complainant by the commissioner of Entrance Examination , Ext.P2 and P3 are fees receipts. Ext.P4 is a certificate issued by the principal of Pinnacle School of Engineering.
5
Exp.P5 is a receipt evidencing payment of Rs.10,000/- at the Yunus Institute of technology. The unchallenged averments in the affidavit coupled with Ext.P1 to P5 documents would establish the case of the complainant. In view of the materials available on record it is clear that there is deficiency in service and unfair trade practice on the part of the opposite parties as they failed to arrange sufficient facilities for the smooth running of the Engineering college conducted by them and also not imparted proper education to the complainant and as a result the complainant has sustained monetary loss apart from the mental agony. Therefore the complainant is entitled to get refunded the amount and also get the compensation from opposite party No.1 to 3 jointly and severally and from their assets.
In the result the complaint stands allowed directing opposite parties No.1 to 3 to return Rs.1,05,800/- with interest @ 9% per annum from the date of complaint till realisation to the complainant.
The opposite parties No.1 to 3 are further directed to pay Rs.25,000/- with interest being the amount unlawfully expended by the complainant due to the shifting of his studies from the college run by the opposite parties to Kannanallor Yunus Institute of Engineering along with interest @ 9% per annum.
The opposite parties No.1 to 3 are also directed to pay Rs. Rs.8,00,000/- as compensation for the loss of studies, mental agony and suffering sustained by the complainant due to the deficiency in service and unfair trade practice on the part of the opposite parties.
The opposite parties No.1 to 3 are directed to pay the amount within 45 days from today failing which the complainant is entitled to realise the same with interest @ 12% per annum from the date of order till realisation from opposite parties No.1 to 3 jointly and severally and from their assets.
6
Dictated to the Confidential Assistant Smt.Deepa.S transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 21st day of June 2018.
INDEX
Witness Examined for the Complainant: Nil
Documents marked for the complainant
Ext.P1 : Allotment Memo
Ext.P2 : Fee Receipt
Ext.P3 : Copy of fee receipt
Ext.P4 : Copy of certificate
Ext.P5 : Receipt
Witnesses examined for the opposite parties: Nil
Documents marked for the opposite parties: Nil
E.M.Muhammed Ibrahim:Sd/-
President
M.Praveen Kumar:Sd/-
Member
Forwarded/by Order
Senior superintendent
