Mallige Education Foundation Mallige School of Nursing
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Date of Filing:15.12.2008 Date of Order:31.03.2009 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 31ST DAY OF MARCH 2009 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 2695 OF 2008 Mr. Anoop Varghese, S/o Varghese Joseph, C/o Sri. K.J. Joseph, No. 104, I Floor, Emerald Residency, 42nd Main, 4th Cross, BTM II Stage, Bangalore 560 068. Complainant V/S 1. Mallige Education Foundation, Sector-II, H.M. Post, Bangalore-560031, Represented by Mrs. Rachel P George, Director of Nursing. 2. Mallige School of Nursing, Sector-II, H.M. Post, Bangalore-560031, Represented by Mrs. Rachel P George, Director of Nursing. Opposite Parties ORDER By the President Sri. S.S. Nagarale This is a complaint filed under Section 12 of the Consumer Protection Act, 1986. The facts of the complaint are that, the opposite party in all collected Rs.51,120/- from the complainant for GNM Course. The complainant decided to discontinue the course. He had approached Principal and conveyed his decision to discontinue the course and sought for refund of amount along with original marks card and educational qualification certificate. It is submitted by the complainant that he had discontinued the course within very few days after the admission and opposite parties have filled the seat vacated by him with admission of another student upon collecting amount afresh the opposite parties have no right to retain the amount paid by the complainant. It is submitted by the complainant that, the acts of omission and commissions aforementioned on the part of the opposite parties not only amounts to deficiency of service but also unfair practice. Complainant on failure of the opposite party to refund the amount caused legal notice through his counsel. Notice is duly served. In spite of service of notice the opposite parties have failed to refund the amount collected from the complainant. Hence, the complaint. 2. Notice issued to opposite parties. Opposite parties put in appearance through Advocate and defence version filed stating that, complainant was admitted to GNM Course in opposite party college and on 19/09/2008 complainant requested for refund of the amount deposited and also original marks card. The opposite party admitted that complainant has paid Rs. 51,120/- and said amount would not be refundable. Opposite party informed the complainant that if any other student is admitted in his place amount would be returned. The complainant met Principal and given undertaking that he would not seek refund. On the basis of the said representation original documents returned. Opposite party submitted that they have paid Rs.14,170/- on 10/10/2008. Therefore, the opposite party requested to dismiss the complaint. 3. Arguments are heard. REASONS 4. During the course of argument on 26/03/2008 the learned Advocate for the opposite party very fairly and rightly submitted that already opposite party had refunded Rs. 14,170/- by way of cheque and the balance amount of Rs.36,950/- will be refunded and sought some time. This fair submission is very much appreciated and it is also recorded in the order sheet. Since it is an admitted case of the parties that, the complainant had paid Rs.51,120/- for getting admission to the GNM Course for the reasons stated by the complainant in his complaint he could not continue the course and accordingly informed the opposite party on 19/09/2008 within 4 days from the date of payment of amount that he wants to discontinue the course and requested the opposite party to refund the amount. Amount was paid on 15/09/2008 and the complainant intimated the opposite party on 19/09/2008 promptly within 4 days from the date of payment. Therefore, the opposite party could have refunded the amount since the complainant was not able to continue the course for the reasons best known to him. The opposite party has not produced any records or evidence or documents to show that one seat fell vacant on account of cancellation of the admission. The opposite party has not produced any agreement or undertaking or contract to show that the amount paid for admission would not be refunded. So, under these circumstances it is a duty and obligation of the opposite party to refund the amount to the student since the admission was discontinued and matter was informed to the opposite party within 4 days from the date of payment of amount. The opposite parties admittedly have not been put to any loss. Consumer Protection Act is a social and benevolent legislation intended to protect better interest of the consumers. The opposite party cannot take advantage of the situation of student who had paid the amount for getting admission. We appreciate that Rs. 14,170/- was refunded on 10/10/2008 and opposite parties have now come forward to refund the balance amount also. Therefore, there is no further dispute between the parties. The opposite party shall be directed to refund Rs.36,950/- to the complainant. In the result, I proceed to pass the following:- ORDER 5. The Complaint is allowed. The opposite parties are directed to refund Rs. 36,950/- to the complainant within 30 days from the date of this order. In the event of non compliance of the order within 30 days the said amount carries interest at 12% p.a from the date of this order till payment/realization. 6. Send the copy of this Order to both the parties free of costs immediately. 7. Pronounced in the Open Forum on this 31ST DAY OF MARCH-2009. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER Rhr.,
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