IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.D.Krishnappa<br /> B.A., L.L.B - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 85/09 DATED 14.05.2009<br /> ORDER<br /> <br /> Complainant Chinnaswamy, S/o M.Basavaiah, No.315, III Cross, Nimishambanagar, Kuvempunagar II Stage, <br /> Mysore-570023.<br /> (By Sri.B.G.Prasad, Advocate)<br /> <br /> Vs. <br /> Opposite Parties 1. The Director, School of Distance and Continuing Education, Dravidian University, Kuppam-517425, Chittor District, Andhra Pradesh.<br /> 2. M.Rajagopal, Secretary, Jnanodaya Education Trust, No.37, 18th Cross, Grould Floor, Suma Complex, Jayanagar, Mysore-570004.<br /> (EXPARTE)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 05.03.2009<br /> Date of appearance of O.P. : -<br /> Date of order : 14.05.2009<br /> Duration of Proceeding : -<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The grievance of the complainant against the opposite parties in brief is, that he after going through the advertisements issued by the opposite party calling for the applications for M-Phil course in Computer Science by way of distance and continuing education, he applied for the said course after coming to know Mr.Rajagopal, Secretary of M/s Jnanodaya Education Trust, Mysore was assisting students and sent a D.D. for Rs.12,000/- to the opposite party on 24.01.2008. Thereafter he received a letter from the opposite party informing that one Dr.K.Raghuveer at Mysore has been allotted as his Research Supervisor. Then he also received a letter from opposite party congratulating him for becoming a part of the student committee of opposite party. But, thereafter, the opposite party did not commence the classes and the course and did not respond to his letters and legal notice sent. Therefore, has prayed for a direction to the opposite party to refund Rs.12,165/- paid by him with interest and also to award cost.<br /> <br /> 2. The opposite parties who are duly served with the notice of this complaint have remained absent, are set exparte.<br /> <br /> 3. During the course of enquiry into the complaint, the complainant has filed his affidavit evidence besides producing a copy of the advertisements issued by the opposite party, receipts for having paid the money, copies of the letters and legal notice he had sent with two replies he received from the opposite party. Heard the counsel for the complainant and perused the records.<br /> <br /> 4. On perusal of the complaint averments, affidavit evidence of the complainant with copies of the receipts issued by the opposite party after receipt of money and the correspondences that went on between them, it is manifest that in response to the advertisements issued by the opposite party to provide M-Phil computer science, the complainant opted for it and then paid in all a sum of Rs.12,165/- to the opposite party. Thereafter, it is found that the first opposite party on 01.02.2008 even sent a letter to the complainant allotting one Dr.K.Raghuveer of Mysore as his Research Supervisor, but thereafter when nothing came out from the first opposite party, the complainant started addressing letters to them on 01.10.2008, 28.09.2008 and legal notice on 10.02.2009 demanding refund of his money pointing to the deficiency in the service of the first opposite party. But, the first opposite party found to have not responded, but slept over. Therefore, it is clear that the first opposite party who after receipt of money with all assurance has failed to act upon and even to refund to money of the complainant, which in our view amounts to deficiency in the service. But, we find no allegations against the second opposite party. Thus first opposite party only is liable to be refund the money of the complainant. Hence, the complaint deserves to be allowed against first opposite party only. With the result, we pass the following order:- <br /> ORDER<br /> <br /> 1. The Complaint is allowed.<br /> 2. The first opposite party is directed to refund Rs.12,165/- to the complainant within 60 days from the date of this order, failing which he shall pay interest at 12% p.a. from the date of complainant’s notice dated 01.10.2008 till the date of payment.<br /> 3. The first opposite party shall also pay Rs.2,000/- towards mental agony and harassment to the complainant within 60 days as indicated above, failing which he shall pay interest at 12% p.a. from the date of this order till the date of payment.<br /> 4. The first opposite party shall also pay cost of Rs.1,000/- to the complainant.<br /> 5. The complaint is dismissed against the second opposite party.<br /> 6. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 14th May 2009)<br /> <br /> <br /> <br /> <br /> <br /> (D.Krishnappa) <br /> President <br /> <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />