BEFORE THE III ADDITIONAL BANGALORE URBAN
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU – 560 027.
DATED THIS THE 27th DAY OF MARCH, 2023
CONSUMER COMPLAINT NO.373/2021
PRESENT:
SRI. RAJU K.S:MEMBER
SMT.REKHA SAYANNAVAR:MEMBER
Sri. Rohan Vijendra
Aged about 40 years,
R/at No.17-B, Ideal NestApt,
Ground Floor, Flat No. G-1,
4th Cross, Bhoopasandra,
RMV 2nd Stage,
Bangalore-94. …… COMPLAINANT
(Represented by Sri. C.M. Venkat Reddy, Adv)
V/s
Bangalore International School Trust (BIS),
Geddalahalli, Hennur Bagalur Road,
Kothanur Post,
Bangalore-77.
Rep.by its
The Chairman. ……OPPOSITE PARTY-1
Bangalore International School Trust (BIS),
Geddalahalli, Hennur Bagalur Road,
Kothanur Post,
Bangalore-77.
Rep.by its
The Principal. ……OPPOSITE PARTY-2
(Opposite party No.1 to 2 represented by Sri. S. Basavaraj, Adv.,)
*****
//JUDGEMENT//
BY SMT. REKHA SAYANNAVAR, MEMBER
The present complaint is filed U/sec. 35 of consumer protection Act-2019 with a prayer to refund a sum of Rs.1,00,00/- along with interest at the rate of 24% from 06.11.2020 till payment and to pay the compensation of Rs.50,000/- for mental agony and Rs.5000/- towards litigation cost and to grant such other reliefs as this commission deems fit in the interest of justice and equity.
2. Brief facts of the complaint is that he has got an offer call and also confirmed admission seat for his daughter for grade one for the academic year 2021-2022 from Mallya Aditi international school Yelahanka Bangalore. The complainant was willing to accept the same for his travel convenient. Meanwhile the opposite party’s institution had sent a letter through an email stating the regret that they were unable to offer a place at Bangalore international school for the 2021 2022 academic year and due to the volume of applicants and the limited number of places available the admission committee was unable to offer a place to all qualified applicants. Thereafter, the complainant requested for the refund of the reservation amount of Rs.1,00,000/-.The Opposite party institution had not refunded the same and even admitted his daughter in their institution. The complainant made several requests and visited opposite party Institution but of no use and they had not turned up. The opposite parties had not provided any service and illegally with hold the reservation amount without any valid justification. Hence, it amounts to unfair trade practise and deficiency of service of the opposite parties which caused mental agony and financial hardship to the complainant. He left with no other alternatives approached this commission for the redressal of his grievances. Hence, this complaint.
3. The notice of this complaint was duly served upon the opposite parties and the counsel for opposite parties has filed Vakalatnama.
- The points that would arise for consideration are as under:
i) Whether the complainant has proved the deficiency in service and unfair trade practice on the part of the opposite Party?
ii) If so, to what relief the complainant is entitled for?
iii) What order ?
5. Our findings on the aforesaid points are as follows:
Point No.1 & 2: In the Negative.
Point No.3 : As per the final order for the following;
REASONS
6. POINT NO.1 & 2:-To avoid the repetition of the facts of the complaint we have discussed both the points together. The complainant had filed this complaint for the alleged deficiency of services and unfair trade practice of the opposite parties.
7. The counsel for the opposite parties had filed vakalathnama for both opposite parties along with an account payee cheque for a sum of Rs.1,00,000/- bearing No.149030 dated 25.10.2021, drawn in the name of the complainant. The counsel for the opposite parties has also filed an application U/sec. 151 of CPC R/w section 38(9) (8) of CP act 2019 along with version. Since, the counsel for the opposite party one and two had filed vacalathnama on 30.10.2021 and the version came to be filed on 14.09.2022, as the version was filed beyond the statutory period, application seeking permission to file version was rejected.
8. The point to be noted here is that this commission has observed that the notice of this complaint was duly served upon the opposite party. Further on perusal of the order sheet, it appears that the case was posted for the evidence affidavit of the complainant on 12.11.2020.
9. Since 31.12.2020 till this day the complainant remained absent and didn't let his affidavit evidence. It is the burden on the complainant to prove his complaint through his affidavit evidence and documentary evidence as contemplated under Section 38(6) of Consumer Protection Act, 2019. The complainant did not file any affidavit in the form of his evidence.
10. Section 38(9) of Consumer Protection Act 2019 contemplates that the District commission shall have the same powers as are vested in a civil court under the code of civil procedure, while trying a suit in respect of reception of evidence as affidavits. Therefore, the complainant shall tender the sworn affidavit evidence by entering into witness box. That has not been complied by the complainant in the present complaint in hand. The complainant had failed to prove the burden casted on him. Hence, the complainant has failed to prove the deficiency of services as alleged. Accordingly, we answer Point No.1 and 2 in negative.
11. POINT NO.3:- In the result, for the foregoing reasons, we proceed to pass the following;
ORDER
The complaint is dismissed. No order as to costs.
Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.
Applications pending, if any, stand disposed of in terms of the aforesaid judgement.
(Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open Commission on 27th day of MARCH, 2023)
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA, K)
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//ANNEXURE//
Witness examined for the complainant side:
-NIL-
Documents marked for the complainant side:
-NIL-
Witness examined for the opposite party side:
Documents marked for the Opposite Parties side:
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA, K)
-
