KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

             VAZHUTHACAUDTHIRUVANANTHAPURAM                                                                                         

                                        APPEAL NO.308/2010

                               JUDGMENT DATED 6.7.2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                   --  PRESIDENT

SRI.S.CHANDRAMOHAN NAIR                         --  MEMBER

The Branch Manager,

Tandem, Palakkad Branch,                                      --  APPELLANT

Near Malayala Manorama,

T.B.Road, Palakkad.

(By Adv.B.Vasudevan Nair)

        Vs.

Arun Raj, S/0 Hari Narayan,

Chankingalkalam, Nellinpadam,                      --  RESPONDENT

Kunnissery P.O, Palakkad.

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

          The appellant is the opposite party in CC.161/09 in the file of CDRF, Palakkad.  The appellants are under orders to refund Rs.2,250/- being the part of the fees paid together with Rs.500/- as costs.  If the amount  is not paid  within one month from the date of receipt of the order the amount will carry interest at 9% from the date of the order of the Forum.

          2. The case of the complainant is that he joined in the opposite party institution for B.Com course  on payment  Rs.2,500/- on 9.6.09.   Thereafter he got admission at Chittur Government College.  When claimed refund  he was told that Rs.1000/- will have to be forfeited and  the balance amount will be refunded only when another student join in the seat of the complainant.

          3. It is the case of the opposite party/appellants that the complainant has signed the declaration that fees once paid will not be refunded under any circumstances.

         4. The evidence adduced consisted of the affidavits of the respective sides  and Exts.A1& A2,   B1 to B3.

5. It is noted in the order of the Forum that the complainant has not attended the class in the opposite parties institution even for a single day.  The appellants have no case that the complainant has attended the class or that he has left the institution after a considerable period.

6. In the circumstances, we find that there is no justification for the attitude taken by the opposite parties that the amount will not be refunded and that   part of the amount will be refunded only after any student join in the seat of the complainant.  Evidently, the complainant could not be in a position to pursue the matter as to whether the opposite parties have admitted any student.  In the circumstances, we find that there is no scope for admitting the appeal.

7. In the result, the appeal is dismissed in limine.

Office will forward the copy of this order to the Forum urgently.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT

 S.CHANDRAMOHAN NAIR  --  MEMBER