D.O.F : 09/01/2024
D.O.O : 11/09/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.12/2024
Dated this, the 11th day of September 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Ahmmed Kabeer Rifayi, aged 20 years
S/o Abdul Kader
R/at Ermalam House
Allampady Post,
Chengala, Kasaragod.
(Adv: Shajid Kammadam) : Complainant
And
Koshy’s Group of Institute of Management
N. 31/1, Kannur P O
Hennur – Begalur Road
Motganahalli, Kadusonnahalli
Bengalur, Karnataka – 562149. : Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts of the case is that the complainant had completed his plus two course and was in search of education institutions conducting bachelor’s degree in Aviation sector. The above program is designed to create skilled professionals for the aforesaid sector and allied field of tour, travels and tourism. The complainant came to notice the advertisement of opposite party who indulged in this sector. The complainant approached the opposite party to get the details of BBA Aviation-BNU. The opposite party has directed the complainant to appear for the entrance examination and personal interview. The complainant secured provisional admission on 04/05/2023. The opposite party misled the complainant and directed him to remit Rs. 20,000/- on 04/05/2023, Rs. 67,500/- on 11/09/2023 and Rs. 12,500/- on 11/09/2023. Totally Rs. 1,00,000/- (Rupees One lakh only) is paid to opposite party’s institution. Later on, the complainant was convinced that offer of the opposite party regarding the quality of education was bogus. And he decided not to proceed with the admission. The complainant requested opposite party to refund the payment made prior to the admission. Even in their provisional admission letter, no such payment is stipulated. The opposite party has failed to refund the same on 13/09/2023. The complainant being deprived benefits of educational regulations being in force due to the unfair trade practice and deficiency of service on the part of opposite party. The cause of action of the complaint arose on 13/09/2023 (the date on which the complainant came to know the deficiency of service of opposite party) at Kasaragod within the jurisdiction of this commission. Hence the complainant is praying for the direction against opposite party to pay Rs. 1,00,000/- special damaged and Rs. 1,00,000/- as compensation along with a cost of Rs. 5,000/- to the complainant.
The notice served to opposite party, but he remained absent, name called absent. Set exparte.
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext. A1 to A4. The issues raised for consideration are;
- Whether there is any deficiency in service/unfair trade practice as alleged in the complaint?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
For convenience, all issues can be discussed together. Here the complainant had completed his plus two course and was in search of educational institutions to acquire a degree in Aviation sector. In the meanwhile, he came to notice the advertisement of the opposite party who indulged in imparting education. And thus, he collected the details of the BBA Aviation course conducted by opposite party. The opposite party has directed him to appear for the entrance examination and personal interview. The complainant secured provisional admission letter 04/05/2023. Which is produced here and marked as Ext. A1. The opposite party directed the complainant to remit Rs. 20,000/- on 04/05/2023 and Rs. 67,500/- on 11/09/2023 and Rs. 12,500/- on 11/09/2023. Thus he paid Rs. 1,00,000/- as per the direction of opposite party. The transaction receipts relating to the payment of the aforesaid amount is produced here which are marked as Ext. A2 to A4. Later on, the complainant convinced that the offer of the opposite party regarding the quality of their education is bogus. Thereafter the complainant requested opposite party to refund the payment. Even after repeated requests, the amount is not repaid to the complainant so far.
We carefully gone through the affidavit and documents produced by the complainant which are tallying with the case of the complainant. Ext. A2 is the transaction receipt for an amount Rs. 20,000/- from the complainant’s account to the opposite party’s account. Ext. A3 is the transaction receipt for Rs. 67,500/- to opposite party’s account. Ext. A4 is the transaction receipt for Rs. 12,500/- to opposite party’s account on 11/09/2023. Ext. A1 to A4 proves that complainant has got provisional admission in opposite party’s institution on 4th May 2023 and the complainant in total has paid Rs. 1,00,000/- to opposite party’s institution as per the direction of opposite party. There after the complainant came to know that quality of their education is not so good and requested to refund the payments made prior to the admission. But the opposite party was not ready to hear the request of the complainant proves the unfair trade practice and deficiency in service on their part.
In the absence of rebuttal evidence, there is gross deficiency in service and unfair trade practice on the part of opposite party. Due to the misleading advertisements of opposite party the complainant suffered huge monitory loss, mental agony and hardships. Hence the complainant is entitled for refund of the paid amount with compensation and cost. The complainant is claiming compensation of Rs. 1,00,000/- which is too high, excessive and without any basis. Considering the facts of this case, we held that an amount Rs. 50,000/- is a reasonable compensation in this case.
In the result, the complaint is allowed in part, directing opposite party to refund the collected amount of Rs. 1,00,000/- (Rupees One lakh only) with 8% interest from date of payment till realization with a compensation of Rs. 50,000/- (Rupees Fifty thousand only) along with a cost of Rs. 5,000/- (Rupees Five thousand only) to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Provisional admission letter
A2 – transaction receipt
A3 – transaction receipt
A4 – transaction receipt
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
