Date of Filing:16.04.2008<br /> Date of Order:30.06.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF JUNE 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 959 OF 2008<br /> <br /> Smt. Lakshmi Sahana Voleti,<br /> D/o Saraswathi Raman, <br /> Minor, Represented by her<br /> Natural Guardian,<br /> Smt. Saraswathi Raman,<br /> No. BT 106, Shoba Sapphire,<br /> No.15, Amruthahalli,<br /> Bangalore-560092. Complainant<br /> <br /> <br /> V/S<br /> Giraffe Learning,<br /> No.306, Commerce House,<br /> Cunningham Road, <br /> Bangalore-560 052,<br /> Represented by its Manager/M.D. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> <br /> This is a complaint filed U/Sec.12 of the Consumer Protection Act, 1986 for refund of Rs.14,085/- with interest and costs.<br /> The complainant is a student of Sindhi High School. Opposite party offered coaching classes for 11th standard students. The complainant had given cheque for Rs.14,085/- drawn on Vijaya Bank and cheque was encashed by the opposite party. Complainant submits that, opposite party informed that coaching classes would be arranged in the school after school hours. The complainant contacted Mr. John and told him to withdrawal of enrolment. Complainant requested for refund of the amount. The opposite party has not refunded the amount in spite of several requests. Opposite party has postponed to make refund for one or other reasons. Notice was sent demanding the refund. Opposite party has not replied to the notice. Complainant has not joined the course. In spite of repeated requests amount was not refunded. Therefore, the complainant is forced to file this complaint.<br /> 2. Notice was issued to opposite party. Notice was served by RPAD. In spite of service of notice the opposite party has not appeared and contested the matter. Therefore, the opposite party placed exparte. <br /> 3. Affidavit of Smt. Saraswathi has been filed who is the Guardian of the complainant. Arguments are heard. <br /> REASONS<br /> <br /> 4. I have gone through the complaint contents and documents and affidavit filed in support of the complaint. The complainant Kumari Lakshmi is a minor girl. Complaint has been filed through natural guardian Smt. Saraswathi. It has been stated that the complainant was studied in 11th standard and for coaching classes an amount of Rs.14,085/- was paid through cheque by opposite party. The complainant withdrew from the course within two days after giving the cheque on the ground that the opposite party informed that classes will be taken up after school hours. The complainant requested the Administrator Mr. Sanjay to refund the amount. He asked to contact Accountant Nirmala and the complainant approached Nirmala also and requested for refund of the amount. But the Accountant postponed to refund the amount for one or other reasons. Finally, the complainant sent a letter on 12th November-2007 requesting to refund the amount. The letter was not replied and the amount was not refunded. The allegations made by the complainant have gone unchallenged. There is nothing to disbelieve the case made out by the complainant. The opposite party has not appeared in spite of service of notice. It appears that the opposite party has no defence to make, that is the reason the opposite party not chosen to appear before this Forum. Therefore, taking into consideration of the case made out by the complainant, when the complainant has not availed services of opposite party and it becomes the obligation and duty of the opposite party to refund the amount immediately on demand. Therefore, it is just fair and proper to order the opposite party to refund Rs.14,085/- paid by the complainant with reasonable interest since the amount was held up and the opposite party had utilized the money. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 5. The complaint is allowed. The opposite party is directed to refund Rs.14,085/- to the complainant along with interest at 10% p.a from the date of payment(19/1/2007) till realization. The complainant is entitled to Rs.2,000/- towards costs of this proceeding from the opposite party. The opposite party is directed to comply the order within 30 days from the date of this order. <br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 7. Pronounced in the Open Forum on this 30TH DAY OF JUNE 2008.<br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />