Date of Filing:13.10.2008<br /> Date of Order:20.11.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 20TH DAY OF NOVEMBER 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 /> <br /> COMPLAINT NO: 2211 OF 2008<br /> <br /> <br /> Dr. Roopa R. Babaladkar<br /> D/o. Ramesh R. Babaladkar<br /> D.No. 1003, 12th A Cross<br /> 35th Main Road, J.P. Nagar 1st Phase<br /> Bangalore 560 078 Complainant<br /> <br /> V/S<br /> <br /> Institute of Clinical Research (India)<br /> No. 242-A, 13th Cross, CMH Road<br /> Indiranagar, 2nd Stage<br /> Bangalore 560 038<br /> Rep. by its Principal Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act seeking refund of Rs. 30,000/- with interest and for compensation. <br /> The facts of the case are that complainant having obtained B.A.M.S. Degree with an intension to pursue her further studies for the course of M.Sc. in Clinical Research and P.G.D. had remitted a sum of Rs. 30,000/- on 17.07.2006 to the opposite party. She had applied for the educational loan with the SBI. The bank refused to sanction loan. Complainant requested the opposite party for refund of the amount paid by her. She had written letter on 18.10.2007 and subsequently issued legal notice. Despite opposite party did not refund the amount. Hence, the complaint.<br /> 2. Notice issued to opposite party by RPAD. Notice was served. Inspite of service of notice the opposite party has not contested the matter. Therefore, opposite party has been placed as ex-parte.<br /> 3. Arguments are heard. I have perused the documents produced by the complainant. <br /> 4. The complainant has produced receipt dated 17.07.2006 to show that she has paid Rs. 30,000/- as reservation fee for M.Sc. Clinical Research Course to the opposite party. The complainant has produced letter of opposite party dated 09.10.2006. The Principal of the opposite party institute had admitted in this letter that Rs. 30,000/- was received from the complainant. The complainant has produced a letter dated 18.10.2007 addressed to opposite party. In this letter she has requested for refund of the amount paid by her. The complainant has produced copy of legal notice sent to the opposite party. In this legal notice also she has demanded and requested the opposite party to refund Rs. 30,000/-. The case made out by the complainant has gone unchallenged. The opposite party has not appeared before this forum. There is nothing to dis-believe the facts stated by the complainant. The opposite party has no right in the law to withhold the amount paid by the complainant towards reservation of seat. Since, the complainant could not get the required loan from the bank she was not able to pay the course fee and complainant requested the opposite party for the refund of the amount paid by her. The opposite party could have immediately refunded the amount to the complainant on her request. Opposite party has no right in law to withhold the amount paid by the complainant. The complainant had also sent letter on 18.10.2007 requesting opposite party to refund the amount, but there is no response from the opposite party. Thereafter, legal notice was issued and for that also there was no response from the opposite party. Therefore, the complainant was forced to file complaint before this forum. The complainant is definitely entitled for refund of the amount paid by her. The complainant has prayed for a grant of compensation of Rs. 50,000/-. From the facts and circumstances of the case I am of the opinion that this is not a case to grant compensation as claimed by the complainant. However, the opposite party can be directed to refund the amount of Rs. 30,000/- immediately. 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. 30,000/- to the complainant within 30 days from the date of this order failing which the amount carries interest at 12% p.a. from the date of this order till payment / realization.<br /> 6. The complainant is also entitled for Rs. 2,000/- as costs of the present proceedings from the opposite party.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 20TH DAY OF NOVEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> <br /> CV<br />