By G. Yadunadhan, President:

            The case of the complainant is that complainant’s daughter Lijitha applied for M.A. History Course in the opposite party’s college and paid an amount of Rs.2085/- as fee and other expenses for the course.  Meanwhile, she got admission in Meenchanda Arts College.  Complainant approached the opposite party on several times to get back the amount remitted.  But till this date, he has not received any amount from the opposite party.  Hence complainant is seeking relief against the opposite party to return the money along with interest.

            Opposite party entered in appearance and filed version stating that the complaint is not maintainable and that the Complainant will not come under the purview of the Consumer Protection Act.  According to the opposite party, complainant applied for the seat after reading and understanding the prospectus issued by the opposite party and admitted the terms and conditions of the prospectus.  The relationship is based on a contract.  Hence the complainant has no right to ask to return the money.  Opposite party further submits that based on the application form and candidates, teaching staffs were arranged and that created financial burden to the opposite party and the opposite party is not getting any type of aid or financial assistance from the Government and as it is a charitable institution, they were not in a position to refund the money paid by the candidate after getting admission in another institution.  Hence complaint is liable to be dismissed.

            Complainant was examined as PW1 and Exts. A1 was marked. 

            Temporary Manager of the Opposite party’s institution was examined as RW1 and Exts. B1 and B2 were marked on the side of the opposite party.

            Points for consideration:  Whether the complaint is maintainable?  If so what is the relief and costs?

            Complainant is seeking the admission on submitting application after reading the prospectus of the opposite party.  One of the condition in the B2 document is that fees and donation once collected will not be refunded.  It is the settled position of the law that this is a contract and the complainant’s daughter is not continuing the study in this institution due to the admission in another college.  The opposite party is nowhere liable for the act of the complainant.  In this circumstance, complainant is not entitled to get any relief as prayed for.

            Therefore, we are of the opinion that the complaint is liable to be dismissed with no costs.

            Pronounced in open Court this the 27^th  day of February 2009.

                                    Sd/-President                                  Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1        Cash receipt No.12320 dated 17.8.2006 for Rs.2085/-.

Documents exhibited for the opposite party:

B1         Filled up application for admission in respect of complainant’s daughter.

B2            Prospectus of Opposite party’s institution.

Witness examined for the complainant:

PW1            Kunhiraman.M., S/o. Govindan, P.O. Neeleswaram, Koduvally.

Witness examined for the opposite party:

RW1            Prakashan.E., S/o. Appu.E., Rajani House, Mokavur, P.O.Eranhikkal, Calicut.

-/True copy/-

Sd/-President

(Forwarded/By Order)

Senior Suiperintendent.