CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Sri. Santhosh Kesavanath P. President
Sri. K.N. Radhakrishnan, Member
Smt. Bindhu Thomas, Member
CC No.275/10
Monday the 22nd day of August, 2011
Petitioner : K.A. Mohammed,
Karukappadathu Puthen Veedu,
Souhradanagar,
Lokamaleswaram PO,
Kodungallur, Thrissur Dist.
2) Farhath KM,
do-do-do
(Adv.Pathrose Chacko)
Vs.
Opposite parties : Saji Nandhyatt,
Director, Public College,
Kottayam.
(Adv.Sabu.K)
O R D E R
Sri. K.N. Radhakrishnan, Member.
The case of the complainant presented on 2/11/2010 is as follows.
On the basis of the advertisement made by the opposite party’s 2nd complainant joined for the +2 CBSE failed batch on 1/6/2010. The 1st complainant is the father of the 2nd complainant. The opposite party collected Rs.10,000/-from the complainant in advance under various heads such as “C.F”. “HTF”, “AF” etc. It includes Hostel fee upto 3/2011 and caution deposit. There existed unhealthy and unhygienic conditions in the hostel conducted by the opposite party. The students slept in dormitory along with other students in cluster. The food supplied in the hostel was sub-standard, low quality and quantity. Both the class room and dormitory were overcrowded and congested. Due to these unhealthy conditions of the college and the hostel 2nd complainant fell ill and was taken to a private hospital at Kottayam. She was forced to leave the college and hostel on 12/6/10 due to illness and unhealthy conditions existed in the hostel and college of the opposite party. The complainant approached opposite party for refund of the remitted amount. But the opposite party did not refund the remitted amount. The complainant was studied and stayed only for 12 days in the opposite party’s college and hostel. There was clear deficiency in service on the part of the opposite party. Hence this complaint.
The notice was served with the opposite party. They appeared and filed their version contending as follows. The complaint is not maintainable either in law or on facts. The 2nd complainant joined the opposite party college for +2 CBSE failed batch on 1/6/2010. At the time of admission of the 2nd complainant opposite party received Rs.10,000/- in different heads ie Admission fee Rs.250/-, Coaching fee Rs.3100, Caution Deposit fee Rs.1000/-, Hostel Fee and tuition fee Rs.3000/-, Hostel fee for food and accommodation is Rs.2650/-. Out of above said amount caution deposit fees is only refundable. At the time of taking admission prospectus contained the rules and regulations of the college were given to the complainant. The complainant agreed those conditions and joined in the institution. It is specifically mentioned in the prospectus that the admission fees, coaching fees are not refundable. As per the rules use of mobile phones are strictly prohibited in the hostel. There are 75 inmates in the hostel. The equipments and toilets in the hostel are keeping good hygienic condition. The food and other facilities provided in the hostel are superior in quality. The 2nd complainant used her mobile without taking care about norms and regulations of the hostel authorities. The hostel authorities warned the 2nd complainant in this matter. So on 10/6/2010 she left the hostel without any permission of the hostel authorities. There was no deficiency in service on the part of the opposite party. Hence the complaint may be dismissed with costs.
The complainant filed proof affidavit and documents which are marked as Exts.A1 to A6. The opposite party filed proof affidavit and documents which are marked as Exts.B1 to B3.
Heard both sides. We have gone through the complaint, version, documents and evidences of both sides. The case of the complainant is that the opposite party has not refund the remitted amount without any sufficient reasons. According to her, she was studied and stayed in the opposite party’s institution only for 12 days. Hence she is entitled for the refund of remitted amount. The opposite party taken a contention that the complainant was not entitled for refund of remitted amount except the caution deposit. According to them the complainant was using mobile without following norms and regulations of the hostel authorities. Admittedly the 2nd complainant was studied only 12 days. The complainant submitted that the college and hostel are not hygienic. The opposite party has not a case that due to the act of the complainant the opposite party was sustained any loss in the institutions. Hence we have no reasons to dis-believe the case of the complainant. So we are of the opinion that the case of the complainant is to be allowed
In the result the complaint is allowed as follows. We direct the opposite party to refund Rs.10,000/- to the complainant and pay Rs.500/- as costs of proceedings. The order shall be complied with within a period of one month from the date of receipt of a copy of this order. If order is not complied within one month the amount will carry interest @ 12% per annum from the date of order till payment.
Sri. K.N. Radhakrishnan, Member Sd/-
Sri. Santhosh Kesavanath P. President Sd/-
Smt. Bindhu Thomas, Member Sd/-
Appendix
Documents produced by complainant
Ext.A1-is the copy of advertisement made by the OP in Madhyamam daily dtd 13/5/2010
Ext.A2-is the advertisement made by the OP in Madhyamam daily on 31/5/10
Ext.A3-Receipt for Rs.10,000/-(9000+1000) given by the OP dtd 1/6/10
Ext.A4-Copy of Registration card from the hospital dtd 4/6/10
Ext.A5-Office copy of the advocate notice dtd 23/6/10
Ext.A6-Reply notice dtd 3/7/10
Documents produced by opposite party
Ext.B1-is the prospectus of the college
Ext.B2-is the declaration signed by the complainant dtd 1/6/10
Ext.B3-is the rules and regulation of the hostel
By Order,
