<br /> COMPLAINT FILED: 26.12.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 31st JANUARY 2009<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.2804/2008<br /> <br /> <br /> COMPLAINANT Sri.M.C.Jagadeesh Kumar,S/o M.C.Marinanjundaiah,Aged about 48 years,Residing at No.328, 7th Cross,Lakshmi Road, Shanthinagar,Bangalore – 560027.Advocate – Sri.Vittala Shetty PV/s.<br /> OPPOSITE PARTY The Girafe Learning,Represented by itsOffice Executive,No.306, Above Hotel Chandrika,Cunningham Road,Bangalore – 560 052.Rep. by its Sri.Shankar.<br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to refund Rs.19,985/- with interest and pay a compensation of Rs.50,000/- on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> Complainant being lured away with the advertisement and propaganda issued by the OP who claims to be the institution imparting higher education so as to facilitate students of II PUC with PCMB to fair well in their CET examination ranking thought of admitting his son Subhangaa for the academic year 2008-09. In that regard complainant has paid in all Rs.19,985/- to OP institution towards the said tuition fees in between 27.12.2007 to 11.01.2008. Due to some personal inconvenience and medical grounds his son could not get the required attendance in I PUC classes as such he was not permitted to appear for first year PUC examination by the college concerned. Under the circumstances he did not attend the coaching classes of OP. He intimated OP the reason for not attending the course and sought for the refund of the tuition fees. All his repeated requests and demands went in futile. Complainant caused the legal notice on 08.11.2008. Again there was no response. Thus complainant felt deficiency in service on the part of OP. For no fault of his, he is made to suffer both mental agony and financial loss. Hence he is advised to file this complaint and sought for the reliefs accordingly.<br /> <br /> <br /> 2. On appearance, OP filed the version admitting the fact of receipt of the said amount for the said academic year. According to the OP the fees once paid is non refundable. Complainant voluntarily withdraw himself from the said course and tuition. OP has supplied all the course materials including the books and paid the service tax to the Government having enrolled him as a student for the said tuition course. It has spent nearly Rs.8,417/- towards the said tuition. The claim of the complainant for the refund of the entire tuition fee is baseless. Complainant is bound by the terms and conditions incorporated in the receipts and the prospectus issued by the OP. Entire complaint is devoid of merits. Allegations are baseless. There is no deficiency in service of any kind on the part of the OP. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP has also filed the affidavit evidence and produced the documents. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Affirmative<br /> Point No.2:- Affirmative in part<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 6. At the outset it is not at dispute that the complainant son Subhangaa joined the tuition course arranged by the OP for the academic year 2008-09 so as to get training and coaching in second year PUC, PCMB subject as well as to get prepared for CET examination. It is also not at dispute that OP received Rs.19,985/- towards the said tuition fees. According to the complainant due to ill-health and medical reasons his son could not get the required attendance in first year PUC classes as such he was not allowed to appear for first year PUC final examination by concerned college. Hence de dropped attending the tuition course arranged by OP. According to the complainant not even a single day his son attended the so called tuition course and classes arranged by the OP.<br /> <br /> 7. According to the complainant when his son has not availed the services of the OP and when OP has not imparted the education and tuition he is entitled for refund of the entire tuition fees. His repeated requests and demands made in that regard went in futile. Hence he caused the legal notice on 08.11.2008. Copy of the legal notice and the receipt issued by the OP towards the collection of the tuition fees on various dates in all to the tune of Rs.19,985/- are produced. Of course most of the averments made in the complaint are not disputed by the OP.<br /> <br /> 8. The defence of the OP is that as per the receipts it is specifically mentioned that the tuition fees once paid is non refundable and the complainant himself has voluntarily withdrawn from the said course for that OP can’t be blamed. When OP has not imparted the education in our considered view they are not entitled to retain the entire tuition fees. It is not the case of the OP that because of the untimely withdrawal from the said course and tuition by complainant’s son they are put to monetary loss. How many students are enrolled in one batch for the said tuition, what is the sanctioned strength and how many seats fell vacant due to the withdrawal in the said academic year is not explained by the OP. No such documents are produced. Of course OP has contended that they have supplied the books, course material, paid the service tax to the Government, thus incurred a total expenses of Rs.8,417/- out of the fees collected from the complainant.<br /> <br /> 9. Of course complainant has not disputed the fact of furnishing of the books, course materials etc. It is stated by the OP that after long lapse of time complainant son returned the books and course material. So what ever the infrastructure facility that is given to the complainant son is returned except that of payment of service tax to the Government. Under such circumstances OP would have been more fair in refunding the remaining tuition fees after deducting the service tax and some miscellaneous expenses, but it is not done. Without imparting the education OP want to retain the entire tuition fees under the guise of some untenable terms that the fees once paid is not refundable. Here we find deficiency in service.<br /> <br /> 10. Having considered the facts and circumstances of the case justice will be met by directing the OP to refund Rs.18,000/- to the complainant. With these reasons we answer point Nos.1 & 2 accordingly and proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part. OP is directed to refund Rs.18,000/- within four weeks from the date of communication of this order. In view of the nature of dispute no order as to costs. If OP fails to return the said amount within four weeks complainant is entitled to claim interest on Rs.18,000/- at the rate of 9% p.a from 11.02.2008 till realization along with a litigation cost of Rs.500/-.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 31st day of January 2009.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> Vln* <br /> <br /> <br />