KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL.376/08 JUDGMENT DATED.8.4.09 PRESENTJUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT. VALSALA SARANGADHARAN : MEMBER St.John’s College, Priyadharshini Hills, : APPELLANT Prakkanam.P.O., Pathanamthitta, Pin – 689643, Represented by its Director. (By Adv.S.N.Sharma) Vs. Benna.C, Mulayara House, Angadickal South.P.O., : RESPONDENT Angadickal Village,Adoor Taluk. JUDGMENTJUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party who is under orders to pay a sum of Rs.40000/- received as tuition fee and Rs.3000/- received as caution deposit and Rs.1800/- received as van fee at 12% interest and also Rs.3000/- as compensation and Rs.1000/- as cost. 2. It is the case of the complainant that she had taken admission for MBA course at the opposite party’s college in the year 2007. She paid Rs.50000/- as 1st semestar fee along with Rs.3000/- as caution deposit and Rs.3600/- as Van fee for one year. After joining the course it was found that there was no proper coaching. After completing one semestar she decided to discontinue and demanded return of her SSLC book and other documents submitted at the time of admission. The appellant insisted her to pay 40000/-as the 2nd semestar fee. Caution deposit etc were not returned. Only after payment of Rs.40000/- the documents were returned. 3. The appellants stood exparte before the Forum. 4. The evidence adduced consisted of Exts.A1 to A3. 5. The appellant has contended that it could not contest the case due to the ill health of the director; who resigned. During the period he could not make arrangement to defend the case. The appellant has sought for an opportunity to contest the matter properly. The appellant has also produced certain documents including the alleged letter submitted by the complainant that she obtained a job and requesting that the TC and other certificates may be returned. 6. We find that in view of the fact that the order is not a considered one it would be appropriate to provide an opportunity to the appellant to contest the matter. In the circumstance the order of the Forum is set aside on condition that the appellants deposit a sum of Rs. 5000/- before the Forum within one month from today. The above amount can be withdrawn by the complainant. The Forum is directed to give notice to the complainant and permit the parties to adduce evidence and dispose of the matter on merits. The matter will stand posted before the Forum on 2.6.09 Office is directed to forward the order to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT. VALSALA SARANGADHARAN : MEMBER ps | 
