Andhra Pradesh

Visakhapatnam-II

CC/256/2011

Boyapati Lavanya - Complainant(s)

Versus

M.R. Educational Society - Opp.Party(s)

Ch. Ravi Kumar

12 Mar 2015

ORDER

                                                                                                      Reg. of the Complaint:14-07-2011

                                                                                                                                 Date of Order:12-03-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

THURSDAY, THE 12^TH DAY OF MARCH, 2015

CONSUMER CASE NO.256/2011

 

BETWEEN:

BOYAPATI LAVANYA D/O B.R.KUMAR,

HINDU, AGED 21 YEARS, R/AT D.NO.44-5-27/1,

FLAT NO.204, 2^ND FLOOR, SRI SAILAKSHMI

KANDRAKOTA ENCLAVE, THATICHETLAPALEM,

VISAKHAPATNAM-16.

…COMPLAINANT

AND:

THE CORRESPONDENT, M.R.EDUCATIONAL SOCIETY,

ASEELAMETTA JUNCTION, VISAKHAPATNAM-16.

…OPPOSITE PARTY

This case coming on 27-02-2015 for final hearing before us in the presence of SRI CH.RAVI KUMAR, Advocate for the Complainant, and of SRI P.KOTESWARA RAO, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following.

ORDER

 (As per SMT.K.SAROJA, Honourable Lady Member on behalf of the Bench)

1.       The case of the complainant in brief is that the complainant approached the OP and paid an amount of Rs.5,000/- on 30-04-2010 and Rs.2,000/- on 10-07-2010 for intermediate one sitting M.BI.P.C. Branch privately. The receipts were acknowledged by the OP. Even after receiving the said amount, the OP never conducted the above course. When the complainant approached the OP on several occasions and requested them to send her to the examination of the above course. But the OP did not send any hall ticket to her. The OP promised to refund the amount as paid by the complainant. But till now, the OP did not refund the same, hence the complainant issued a legal notice 14-06-2011. They received the legal notice on 17-06-2011 but did not refund the amount to the complainant. Hence, this complaint.

a)      for complainant amount of Rs.8,720/- (Rupees eight thousand seven hundred and twenty only)

b)      subsequent interest @ 24% per annum from the date of filing of the complainant till the date of realization of the principal amount.

c)       for damages for the negligence of the OP and mental agony suffered by complainant due to negligence of the OP, loss of Academic Year, the OP has to pay the compensation of Rs.50,000/- and

d)      for costs of the complaint; and

e)      for such other relief or reliefs as the Honourable Forum deems fit and proper in the circumstances of the case.

2.       The OPs strongly resisted the claim of the complainant by contending as can be seen from its counter, the complainant paid an amount of Rs.5,000/- for admission fee to National Institute of Open School (NIOS) on 30-04-2010, subsequently, the complainant paid an amount of Rs.2,000/- after getting admission into NIOS. Accordingly, the OP paid an amount of Rs.1400/- to the said NIOS on 15-06-2010 for her admission. On the same day, NIOS has given admission to the complainant. The OP intimated the same to the complainant, subsequently, the NIOS issued the ID Card to the complainant  on 26-08-2010. The OP has given books for the said course worth of Rs.1,000/-  the NIOS has issued the hall ticket to the complainant through internet. The OP also incurred an amount of Rs.1,600/- towards service charges and an amount of Rs.2,000/- towards tuition fee. Hence, the entire amount paid by the complainant had been spent for the complainant only. Subsequent, to the admission, the complainant approached the OP intimating her intention to discontinue the course as she was intended to admit in technical course in other institutions. So, the complainant herself discontinued her studies, the OP has no liability to pay any reliefs asked by the complainant.

3.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions. Exhibits A1 to A4 are marked on behalf of the Complainant. Exhibit B1 to B5 are marked on behalf of the OPs.

Exhibit A1 is the Receipt issued by the OP for Rs.5,000/- dated 30-04-2010, Exhibit A2 is the Receipt issued by the OP for Rs.2,000/- dated 10-07-2010, Exhibit A3 is the Legal Notice dated 14-06-2011 and Exhibit A4 is the Postal Acknowledgements, dated 17-06-2011

Exhibit B1 is the Demand draft of SBI, Visakhapatnam in favour of Secretary, NIOS for an amount of Rs.1,400/-  dated 15-06-2010, Exhibit B2 is the Online Admission 2010-2011, Exhibit B3 is the Identity card copy of complainant, Exhibit B4 is the Letter addressed by NIOS to the complainant intimating the eligibility to appear in the Examination and Exhibit B5 is the Hall Ticket to complainant obtained through a net dated 29-09-2010.

4.       The fact shown from Exhibit B1 is that Rs.1,400/- is paid to the Secretary National Institute of Open School, Noida, dated 15-06-2010, Exhibit B3 reveals that the Complainant got admission in NIOS,  Identity Card also issued by NIOS to the complainant. Exhibit B4 reveals that NIOS issued online admission to the complainant on 26-08-2010. Exhibit B5 reveals that the complainant gave a Role Number and Hall Ticket to appear for the examinations which was held by NIOS.

5.       The point that would arise for determination is:

Whether there is any deficiency of service on the part of the OPs? if so, Whether the Complainant is entitled to the   reliefs asked for?

6.       After careful perusal of the case record, this Forum finds that the Complainant paid the OP for Intermediate one sitting, M.BI.PC Course and also after acknowledging receipts NIOS issued ID Card and Hall Ticket to the Complainant to appear in the Examinations. The OP had supplied books for the course to the complainant and Rs.1,400/- was paid into the credit of NIOS on 15-06-2010. So, the entire amount paid by the complainant to NIOS only. The complainant herself discontinued the course as she intended to admit in technical course in other institution. So, she expressed her inability to attend classes of this OP, it is the failure on the part of the complainant only.  So, there is no deficiency in service on the part of the OP. hence, this complaint is liable to be dismissed.

In the result, this complaint is dismissed, but in the circumstances, no costs.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the   12^th day of March, 2015.

     Sd/-                                                   Sd/-                                         Sd/-

M.MEMBER                                          PRESIDENT                           L.MEMBER          

 

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits	Date	Description	Remarks
A-1	30-04-2010	Receipt issued by the OP for Rs.5,000/-	Original
A-2	10-07-2010	Receipt issued by the OP for Rs.2,000/-	Original
A-3	14-06-2011	Legal Notice	Office Copy
A-4	17-06-2011	Postal Acknowledgement	Original

 

Exhibits Marked for the OPs:-  

Exhibits	Date	Description	Remarks
B-1	15-06-2010	Demand Draft of SBI Visakhapatnam  in favour of Secretary, NIOS for an amount of Rs.1,400/-	Photocopy
B-2		Online Admission 2010-2011 (Stream-II)	Photocopy
B-3		Identity Card of the complainant	Photocopy
B-4		Letter addressed by NIOS to the complainant intimating the eligibility to appear	Photocopy
B-5	29-09-2010	Hall ticket to complainant obtained through  Net	Photocopy

 

    Sd/-                                                    Sd/-                                         Sd/-                                                                          

M.MEMBER                                                     PRESIDENT                                                L.MEMBER