1. Alleging deficiency of service and unfair trade practice made by the O.P the complainant has filed this case for a d to refund of Rs.21,500/- with 18% interest alongwith compensation and cost of litigation. Shorn of unnecessary details the brief fact of the case of the complainant is that being influenced by the advertisement of the O.Ps on several newspapers she wanted to undergo Matriculation course under NIOs and deposited Rs.5,000/- towards course fee with the O.P.No.1.Subsequently as per direction of the O.PNo1. The complainant has deposited Rs.500/- on 4.6.2014 and Rs5,000/- on 19.9.2014 in Ac No.20016375189 of the O.PNo.2.Due to non-depositing of required money with the O.PNo3 by the O.PNo.1 and 2, the complainant could not take part in Matriculation examination .The complainant sustained mental agony for non-appearing in the examination. Aggrieved by unfair trade practice by the O.P. No 1 and 2, she comes to this forum for refund of Rs.21,500/- with 18% interest along with Rs.50,000/- towards compensation and Rs.5,000/- towards cost of litigation.
2. After being noticed both the O.PNo.1 and 2 could not appeared and they are set ex-parte.
3. During course of hearing, the complainant filed money receipt No.2413 dd.4.4.2014 issued to the complainant by the O.P.no. 1 and 2 of deposit slip showing deposit of money Rs.5,000/- dtd.4.6.2014,Rs.2,500/- on dtd.9.8.2014,Rs.2,000/- on 10.9.2014,Rs.5,000/- on 19.9.2014 and Rs.2,000/- on 30.10.2014 and status report of the complainant.
4.The point of determination in the case whether the complainant is a consumer against the O.P. and whether any deficiency of service or unfair trade practice has been caused to the complainant by the O.P.s.No doubt the complainant is a consumer against the O.Ps.She paid Rs.5,000/- to the O.PNo.1 and obtained a receipt. She paid all total Rs.16,600/- to the O.P.NO.1 No.2 and filed deposit slip. The status report filed by the complainant shows Regional center of NIOS did not receive any amount towards examination. It clearly indicates unfair trade practice has been adopted by the O.PNo.1 and 2.
Taking into the case of the complainant and documents field by her, we allow the case of the complainant and direct the O.PNo.1 to refund Rs.5,000/-(Rupees five thousand) only to the complainant. The O.P No.2 shall refund Rs.16,500/- (Rupees sixteen thousand five hundred) only to the complainant. Both the O.Ps are further directed to pay Rs.1,000/-(Rupees one thousand) only towards compensation and cost of litigation to the complainant within one month from the date of this order, failing which the complainant is at liberty to take steps against the O.Ps for realization of awarded amount. This case is disposed of accordingly.
Order pronounced in the open court under the seal and signature of the forum this the 11th day of September, 2015.
