Date of Filing: 20/12/2011
Date of Order: 18/01/2012
BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20
Dated: 18th DAY OF JANUARY 2012
PRESENT
SRI.H.V.RAMACHANDRA RAO,B.Sc.,B.L., PRESIDENT
SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER
C.C. NO.2318 OF 2011
Kumari.Sowmya.J.V,
Daughter of Sri.J.Venugopal Rao,
Aged About 22 years,
R/at: No.1043, 15th ‘B’ Cross,
‘B’ Sector, Yelahanka New Town,
Bangalore.
(Rep. by Sri.R.K.Amarnath, Advocate) …. Complainant.
V/s
Dayananda Sagar Institutions,
Shavige Malleshwara Hills,
Kumaraswamy Layout, Banashankari,
Bangalore-560 078.
Rep. by its Vice Chairman. …. Opposite Party.
BY H.V.RAMACHANDRA RAO, PRESIDENT
-: ORDER:-
The complainant has made this complaint Under Section 12 of the Consumer Protection Act seeking direction to the Opposite Party to refund Rs.39,860/- and to pay compensation of Rs.10,000/- making certain allegations.
2. The opposite party today appeared and filed the following version:-
With reference to the above subject, I wish to submit that Kumari Sowmya J.V, D/o. Sri.J.Venugopal Rao was admitted to I year MBA (VTU) course under KEA (CET) Quota in the year 2011-12. The student has requested this office to cancel her admission to I year MBA course and return back her original documents submitted at the time of admission. The same has been complied with. However, the admissible fees will be refunded to the student during first week of February-2012.
3. In view of the above the matter is heard.
4. The points that arise for our consideration are:-
:- POINTS:-
- Whether there is deficiency in service?
- What Order?
5. Our findings are:-
Point (A) : In the Positive
Point (B) : As per the final Order
for the following:-
-:REASONS:-
Point A & B:-
6. Reading the records it is established that the complainant got admitted to the opposite party’s college by paying Rs.39,860/- on 30.09.2011. On 03.10.2011 the complainant sought cancellation of her admission and sought refund of the money. Now the opposite party is ready to refund the money and they want certain time to be granted to repay the money. They should have repaid the money, but they have not done so, hence it is nothing but deficiency in service. Hence we hold the above points accordingly and proceed to pass the following:-
ORDER
1. The complaint is Allowed-in-part.
2. The opposite party is directed to pay Rs.39,860/- to the complainant within 30 days from the date of this order. Failing which it shall be repaid with interest @ 12% per annum thereafter till payment.
3. The opposite party is directed to send the amounts as ordered at Serial No.2 above through DD by registered post acknowledgment due to the complainant and submit the compliance report to this Forum with necessary documents within 45 days.
4. Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
5. Send a copy of this order to both parties free of costs, immediately.
(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 18th Day of January 2012)
MEMBER PRESIDENT