IN THECONSUMER  DISPUTES  REDRESSAL  COMMISSION,  KOLLAM

DATED THIS THE    10^th DAYOF MARCH  2021

Present: -        Sri.E.M.Muhammed Ibrahim, B.A, LLM. President

                        Sri.Stanly Harold, B.A.LLB, Member

CC.No.278/2019

Sri.C.Balasundaran,

Prabha, Njettayil, Keralapuram,

Kottankara Village, Perumpuzha (P.O.),

Kollam 691504.                                                                             :    Complainant

V/S

1. Karyavah,Aid Education,

        Oppo.Padmam Theatre,

       Cherattukuzhi Road,

        Downhill, Malappuram.

2. Karyavah,

            Centre for Distance Education, 2^nd Floor,

          Thayyil Building, Stadium Jn.,

           Near Excise Office, T.B.Road,Pathanamthitta.:Opposite parties

ORDER

Sri.Stanly Harold, B.A.LLB, Member

This is a case based on a consumer complaint filed U/s 12 of the Consumer Protection Act 1986.

The averments in the complaint in short are as follows:-

The complainant is a Indian citizen and the 1^st opposite party is an education agency and 2^nd opposite party is Karyavah office Branch at Pathanamthitta.  The opposite parties offered assistance to the  students to obtain admission in various universities.  As per the advertisement made by the opposite parties the complainant approached 2^nd opposite party on 08.09.2018 and gave cheque No.534029 dated 08.09.2018 of SBI for an amount of Rs.10,270/- for registration for degree course in English at Madurai Kamaraj University.  After receiving said cheque the 2^nd opposite party issued receipt dated 15.09.2018 through whatsapp.  The cheque was encashed by the 1^st opposite party.  But the opposite parties failed to register the name of the complainant with Madurai Kamaraj University.  The complainant requested for a registration details on several occasions through whatsapp messages and phone calls.  But the opposite parties failed to respond.  Thereafter a notice was issued to opposite parties through registered post demanding refund of the money paid by the complainant.  The opposite parties did not responded.  The opposite parties received Rs.10,270/- from the complainant and failed to provide assured service and thereby sustained monitory loss apart from loss time to the complainant.  The complainant demands refund of the said amount along with interest cost and compensation from the opposite parties.Hence the complaint.

Though the notice has been served to the opposite parties they have not appeared before the commission nor filed any version.  Hence the opposite partieshas been set exparte.

The complainant filed affidavit by reiterating the averments in the complaint and got marked Ext.P1 to P2 documents.  Ext.P1 is the copy of receipt issued by the 2^ndopposite party all India Distance Education Central for Distance Education, Pathanamthitta dated 15.09.2018 for Rs.10270/-.  Ext.P2 is the student invoice for Rs.10270/- containing the terms and conditions of Aid Education.  The complainant conducted the case by himself but he failed to appear and argue on the merit of this complaint.  Perused the records.

      The unchallenged averment in the complaint coupled with Ext.P1 to P2 documents would establish the following.  In response to the advertisement on 08.09.2018 the complainant approached who is residing at Keralapuram, Kollam  the 1^st opposite party functioning at Pathanamthitta for getting admission to B.A. English in the Distance Education Course conducted by Madurai Kamaraj University.  He has also paid a cheque for Rs.10720/- dated 08.09.2018 in the account maintained by SBI Keralapuram branch.  On receipt of the above cheque the 1^st opposite party issued Ext.P1 receipt.  It is also brought out in evidence that the opposite parties got encashed the cheque from the Keralapuram branch of the SBI and thereby the received the first instalment of the fee and issued Ext.P2 invoice containing the terms and conditions.  But none of the opposite parties have get registeredthe name of the complainant as a student at Madurai Kamaraj University for writing examination of the BA Degree Course through Distance Education conducted by the said University.  It is also brought in evidence that the complainant has requested through whatsapp and also through letter to 1^st and 2^nd opposite parties to take necessary steps to register his name as a student and also to send the register number.  But none of the opposite parties have not responded.  Hence he requested to return the amount collect from him by encashing the cheque for which also the opposite parties have not paid any heed.  In view of the materials available on record it is crystal clear that the complainant would come within the definition of consumer and opposite parties would come within the ambit of service providers and there is clear deficiency in service and unfair trade practice on the side of the 1^st and 2^nd opposite parties in not getting the name of the complainant registered as a student for BA Degree Course (Distance Education Course) conducted by Madurai Kamaraj University after receiving a necessary fees for that purpose.

It is true that the 1^stand 2^ndopposite parties are functioning at Malappuram District and Pathanamthitta District respectively.  But part of the cause of action has taken by at  Keralapuram which is within the territorial limits of the Forum/Commission.  It is crystal clear from the available materials that the complainant has been residing at Keralapuram and he got information regarding the 1^st and 2^nd opposite party through advertisement.  It is also clear from the available materials that the complainant has drawn a cheque for Rs.10270/- and sent to the opposite parties which has seen encash at the SBI Keralapuram branch in which the complainant has been maintaining account.  Therefore it is crystal clear that part of the cause of action has taken place within the territorial limits of the Forum/Commission.  Therefore this Forum/Commission has amble jurisdiction to entertain the case.

On evaluation the entire materials available on record we come to the conclusion that the complainant has establishedhis case.  It is also brought out in evidence that as the opposite parties have failed to register the name of the complainant as a student for the B.A. Degree Course (Distance Education) at Madurai Kamaraj Universityhe sustained loss of money as well as loss of time and therefore the complainant is entitled to get returned the amount paid to the opposite parties and also entitled to get compensation and costs of the proceedings.

In the result complaint stands allowed in the following terms.

1. Opposite parties No.1 and 2 are directed to return the amount of Rs.10270/- collected from the complainant along with interest at the rate of 9% per annum from the date of receipt of the amount till payment.
2. The opposite partiesare  also directed to pay Rs.5,000/- as compensation and Rs.2500/- as costs of the proceedings.

3. Opposite parties are directedto comply with the above direction within 45 days from the date of receipt of a copy of this order failing which the complainant is entitled to recover the same along with the interest at the rate of 12 % per annum

for theentire amount

Dictated to the Confidential Assistant  Smt. Minimol.S transcribed and typed by her corrected by me and pronounced in the  Open Forum on this the   10^th day of  March2021.

E.M.MuhammedIbrabim:Sd/-

                                                                                    StanlyHarold:Sd/-

Forwarded/by Order

                                                                                                                                                                                      Senior Superintendent

INDEX

Documents marked for the  complainant

Ext.P1             :           copy of receipt

Ext.P2             :           student invoice for Rs.10270/- containing the terms and conditions of

                                    Aid Education.

E.M.MuhammedIbrabim:Sd/-

                                                                                    StanlyHarold:Sd/-

Forwarded/by Order

                                                                                                                                                                                        Senior Superintendent