THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Present:

Sri. Santhosh Kesavanath P., President

Smt. Bindhu M. Thomas, Member

Sri. K.N. Radhakrishnan, Member

CC. No. 303/2008

Saturday, the 24th day of October, 2009.

Petitioner : K.N Sudharman,

Kottayil House,

Edamattom P.O

Vs.

Opposite party : Jacob G. Cherian,

Medtran Institute of Transcriptions,

Arackal Building,

Karapuzha, Kottayam.

(Steady House,

Kudayampady P.O

Kottayam)

O R D E R

Sri. Santhosh Kesavanath P., President.

This is a case remanded by the State Commission as per its judgment Dtd: 7..10..2008 in Appeal No. 733/2002. Hon’ble State Commission remitted back the matter to the Forum below with a direction to give an opportunity to the opposite party to adduce evidence and dispose the matter in accordance with the law. Hon’ble State Commission also directed the opposite party to pay Rs. 5,000/- as cost to the petitioner. Hon’ble State Commission directed the opposite party to pay Rs. 500/- as cost to the petitioner and directed the opposite party to appear before the Forum on 10..11..2008. Petitioner appeared on the date on which the case was posted opposite party neither appeared as directed by the Forum or paid cost to the petitioner. Petitioner was present on several posting notice was issued to the opposite party, but the notice were returned with an endorsement “institution closed on”. The case of the petitioner is that as

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instructed by one Dinesan. Pentitioner went to the office of the opposite party for getting his daughter named Shagi admitted in the institute of the opposite party. Dinesan had told the petitioner that the training was for four months and during the period his daughter will get stipend of Rs. 750/- p.m and after training she can earn minimum of Rs. 5,000/- per month. Petitioner gave Rs. 10,000/- in the presence of Dinesan on 27..11..2000 and obtained admission in the institute for his daughter Shagi. Apart from Rs. 10,000/- he also paid application fee of Rs. 50 and registration fee of Rs. 250/-. Petitioner gave Dinesan Rs. 800/-. The balance of Rs. 10,000/- was paid to the institute by the petitioner on 21..12..2000. Shagi underwent training for three months and she was paid stipend of Rs. 750/- for one month. Subsequently, as the teaching staffs deserted the institution, as they were not paid salary, the institute was closed. As a result of the action of the opposite party the petitioner’s daughter lost one year hence the petition. Since the opposite party was not present before the Forum as per the order of the Hon’ble State Commission. Opposite party was set ex-parte. Petitioner was examined as PW 1. Ext. A1 to A4 were marked.

Evidence of the petitioner stands unchallenged. From the evidence, it is proved that petitioners daughter got admission in the MIT institute for Medical Transcription Course on payment of Rs. 20,000/-. Institute was run by Jacob Cherian . Subsequently, after 3 months, institute was closed. The act of the opposite party in closing down the institute after getting donation and fee is unfair trade practice and deficiency in service.

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Hence the petition is ordered as follows.

Opposite party will pay Rs. 20,000/- the amount received by them to the petitioner with interest at the rate of 12% per annum from 4..1..2002 till payment and cost of Rs. 750/-. Order will be complied with within one month from the date of its receipt.

Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 24^th day of October, 2009.

Sri. Santhosh Kesavanath P. President Sd/-

Smt. Bindhu M. Thomas, Member Sd/-

Sri. K.N. Radhakrishnan, Member Sd/-

APPENDIX

Documents for the petitioner:

Ext. A1: Receipt for Rs, 10,000/- Dtd: 27..11..2000

Ext. A2: Receipt for Rs. 250/- Dt: 27..11..2000.

Ext. A3: Receipt for Rs. 50/- Dtd: 27..11..2000.

Ext. A4: Copy of the bond.

Documents for the Opposite party

Nil.

By Order,

Senior Superintendent

Despatched on / Received on

amp/ 4 cs.