BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

SMT. LIJU B. NAIR                                  : MEMBER

C.C. No. 591/2015 Filed on 07.12.2015

ORDER DATED: 28.04.2016

Complainant:

Safwan Yahiya, Karukunnath House, Peringala P.O, Pallikara, Kunnathunadu, Ernakulam District, Kerala-683 565.

                                       (Party in person)                     

Opposite party:

Mr. Jijo Mathew, Director, Eduzone Civil Service Academy, Lenin Nagar, Bakery Junction, Thiruvananthapuram-14.

This case having been heard on 29.03.2016, the Forum on 28.04.2016 delivered the following:

ORDER

SRI. P. SUDHIR:  PRESIDENT

The gist of the complainant’s case is that complainant joined in the opposite party’s institution on 13.08.2015 for one year coaching for civil service examination and paid total Rs. 50,150/- as per fee receipts dated 13.08.2015 and 14.11.2015.  Complainant decided to withdrawn from the course due to not being satisfied with the quality of teaching and lack of professional environment and he made written request on 01.12.2015 for refund of Rs. 33,000/-on a pro rata basis after deducting the amount owed to the opposite party for 4 months class attended by the complainant.  Opposite party refused to refund the amount and complainant approached this Forum for redressal.

Notice sent to opposite party and opposite party not turned up and opposite party set exparte.

Issues:

1. Whether there is deficiency of service on the part of opposite party?
2. Whether the complainant is entitled for the reliefs sought for?

Points (i) & (ii):- Complainant filed chief examination affidavit and Exts. P1 and P2 marked.  There is no contra evidence to look into.  We have no other option but to presume that complainant discontinued due to lack of quality in teaching which is a deficiency of service.  We are of the opinion that complainant is entitled to get refund of amount for the period not attended by him.  We are of the opinion that opposite party is directed to pay Rs. 33,000/- to complainant as refund and there is no order for compensation and cost. 

In the result, complaint is allowed and opposite party is directed to refund Rs. 33,000/-(Rupees Thirty three thousand only) to complainant.  There is no order for compensation and cost.  Opposite party shall pay the amount within one month from the date of receipt of this order failing which complainant is entitled to realize the amount with interest at the rate of 9% per annum from the date of default. 

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. 

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 28^th day of April 2016.

         Sd/-

P.SUDHIR                             : PRESIDENT

         Sd/-

R. SATHI                               : MEMBER

          Sd/-

LIJU B. NAIR                        : MEMBER

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C.C. No. 591/2015

APPENDIX

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1     - Copy of fees receipt issued by O.P to complainant dated 13.08.2015

P2     - Copy of fees receipt issued by O.P to complainant dated 14.11.2015

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

                             NIL

                                                                                                      Sd/-

PRESIDENT

jb