KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM FA.157/09 JUDGMENT DATED.18.4.2009 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARANGADHARAN -- MEMBER Mariamma Koshy Retd.Principal Higher Secondary School, -- APPELLANT Thevally.P.O, Kollam. Vs. 1. K.Nagarajan, J.M.Cottage, TRA-122, Madathil Vadakkethil, Thirumullavaram.P.O, Kollam-691012. 2. N.Anand, -- RESPONDENTS J.M.Cottage, TRA-122, Madathil Vadakkethil, Thirumullavaram.P.O, Kollam-691012. 3. The Director, Department of Vocational Higher Secondary Education, Trivandrum. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU:PRESIDENT The appellant is the second opposite party in CC.247/07 in the file of CDRF, Kollam. The appellant is under orders to pay a sum of Rs.950/- to the complainant towards on admission fee collected Rs.25000/- as compensation for mental agony and Rs.1500/- as costs. It is further ordered that the first opposite party/The Director, Department of Vocational Higher Secondary Education, Thiruvananthapuram will make the payment and realize the same from the second opposite party/appellant. The case of the complainant is that he got admission at the institution ie. Vocational Higher Secondary School, Kollam of which the appellant was the Principal. According to him as per the rank list he was having the 5th rank. Before publishing the rank list the complainant had obtained admission at a private institution ie., T.K.D.M, GVHSS, Kollam for M.S. Course and he had surrendered the original certificates at the above institution. It is the allegation that the appellant was not given sufficient time to take back the original certificates from the private institution and provide the same to the appellant. It is the case that she made him wait up before 4.30 PM and then complainant was called to the 2nd opposite party’s office and that he submitted that the original certificates are under the custody of TKDM GVHSS authorities. He was asked to come on the next day with originals. The complainant obtained all original certificates but the second opposite party announced that the admission was closed. First opposite party had filed version. The second opposite party/appellant did not file any version. The evidence adduced consisted of the testimony of PW1and Exts. P1 to P10. It is submitted by the appellant who is appearing in person that the matter was entrusted to a lawyer by name Basanth B. and that the above counsel did not intimate the date etc. It is not mentioned as to what action was taken against the counsel. All the same, in view of the fact that the appellant has been ordered to pay about Rs.25000/- as compensation etc. it appears that a considered/contested decision is desirable. In the circumstances, the order of the Forum is set aside on condition that the appellant pay a sum of Rs.5000/- towards costs to the complainant. The appellant shall remit the amount before the Forum within one month from today and after the amount is remitted which can be withdrawn by the complainant the Forum will take the matter into file, issue notice to the complainant and also to the first opposite party and permit the parties including the appellant to adduce evidence and dispose of the matter on merits. The matter will stand posted before the forum on 4/6/09. The office is directed to dispatch this order to the Forum urgently. JUSTICE .K.R.UDAYABHANU -- PRESIDENT VALSALA SARANGADHARAN -- MEMBER
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN | | 
