<br /> COMPLAINT FILED: 29.08.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 27th SEPTEMBER 2008<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1908/2008<br /> <br /> <br /> COMPLAINANT Dhivya R,D/o T.L.Raveekumar,R/at No.26/12,Sowrastra Nagar,III Street, Choolaimedu,Chennai – 600094.Advocate – Smt.Vidya JahagirdarV/s.<br /> OPPOSITE PARTY Sri.Gurappaji,The Director,Intech IBM, No.960, 24th Main, 38th Cross, 4th T Block,Jayanagar,Bangalore – 560 041.<br /> <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 the fees of Rs.20,000/- and pay a compensation of Rs.5,000/- and for such other relief’s 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 carried away with the paper publication issued by the OP Institution thought of joining MBA course at OP Institution. In that regard she paid Rs.20,000/- on 09.07.2007 which OP has acknowledged. But on the personal visit to the OP Institution which is situated at Kanakapura road far away from Bangalore complainants family members didn’t thought it fit to send her to said Institution. Then complainant made representation to the OP within span of 20 days seeking for refund of the fees, as she is not interested to continue the said course. Unfortunately OP didn’t heed to her demand. That is why complainant caused the legal notice on 04.08.2008. Again there was no response from the OP, though notice is served. Under such circumstances complainant felt deficiency in service on the part of the OP. Though she invested her hard earned money OP without imparting the education failed to return the same. Thereby she is sustained both monetary loss and mental agony. Under the circumstances she is advised to file this complaint and sought for the reliefs accordingly.<br /> <br /> 2. On admission and registration of the complaint, notices were sent to the OP. Though OP was duly served with the notice remained absent without any sufficient reason or cause. The absence of the OP does not appear to be as bona fide and reasonable. Hence OP is placed Ex-parte.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP didn’t participate in the proceedings. Then the arguments were heard.<br /> <br /> 4. It is the case of the complainant that on going through paper publication and advertisement given by the OP being impressed thought of joining MBA degree course at OP Institution. In that regard she has paid Rs.20,000/- to the OP. OP acknowledged the receipt of the same. When complainant went to the OP Institution which is situated Near Kanakapura far away from Bangalore thought that it is most inconvenient for her to promote her education and even her family members advised her to withdraw. <br /> <br /> 5. So under such unavoidable circumstances complainant is forced to seek for cancellation of her seat and refund of whatever the amount she has paid. Complainant wrote a letter to OP within a span of 20 days seeking cancellation of the seat and refund of the fees. Copy of the D.D, copy of the letter are produced which are received by the OP. There was no response. Then complainant sent legal notice on 04.08.2008. Copy of the legal notice is produced. Again there was no response.<br /> <br /> 6. The evidence of the complainant appears to be very much natural, cogent and consistent. There is nothing to discard her sworn testimony. It is a quality of evidence that is more important than that of the quantity. The non appearance of the OP even after due service of the notice leads us to draw an inference that OP admits all the allegations. OP retained the said huge amount without imparting the education thereby caused both mental agony and financial loss to the complainant.<br /> <br /> 7. OP would have been little generous in refund the said amount paid by the complainant that too which is sought within a span of 3 weeks. As it is there is no proof that OP had ever sustained any monetary loss due to the untimely withdrawal of the said seat by the complainant from their Institution. When that is so, in the interest of justice, we find complainant deserves some relief as prayed. Justice will be met by directing the OP to refund at least Rs.10,000/- with 9% interest and pay litigation cost. With these reasons we 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.10,000/- together with interest at the rate of 9% p.a from 09.07.2007 till realization and also pay a litigation cost of Rs.500/- to the complainant. This order is to be complied within four weeks from the date of its communication.<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 27th day of September 2008.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> Vln* <br />