BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI.P.V.JAYARAJAN                                   : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU V.R                                               : MEMBER

C.C. No. 20/2020 Filed on 18.01.2020

ORDER DATED: 10.02.2021

Complainant:

Francies Perera, Pranavam, Puthenthoppu.P.O., St.Xaviers College (Via), Thirruvananthapuram-695 586.

(Party in person)

Opposite party:

The Manager, Alpha Merry International Education, 1^st floor, Nikunjam, Saras Building, Opp. PSC Office, Pattom, Truvananthapuram – 695 004.

This case having been heard on 01/01/21, the Commission on 10/02/2021 delivered the order.

ORDER

SMT. PREETHA G. NAIR: MEMBER

The complainant had approached the opposite party in response to their call for guidance for his son higher study in Germany and the opposite party agreed to get admission in a university there in Nano Technology with scholarship.The opposite party demanded fee of Rs.2,500/- as registration fee and paid on 04/07/2019.The complainant asked the opposite party for receipt on several times and they said as it involve GST so no receipt or bill.Thereafter the complainant paid Rs.25,000/- on 19/07/2019 for documentation charge though Google pay to the opposite party’s account.As per the condition the offer letter will be ready on 20^th of October.But the opposite party was not given the offer letter to the complainant.Then the opposite party had promised that the offer letter will be received on 30^th October, 15^th November, or 30^th November.But the opposite party failed to give the offer letter to the complainant.Thereafter the complainant asked the opposite party to refund the fee paid for documentation charges and registration fees. At that time the opposite party had not refunded the amount to the complainant.The opposite party has given false promises and there had earned money.The complainant had sent a letter dated 26/12/2019 to the opposite party stating that if the opposite party is not ready to refund the amount there will be taken the legal action against the opposite party.But the opposite party had sent reply stating that fee is not refundable.The acts of opposite party amounts to deficiency in service.Hence the complaint.

After accepting the notice the opposite party not appeared before the

Issues to be considered are:-

1. Whether there is any deficiency in service on the part of the opposite party?
2. If whether is the relief and cost?

Issues 1&2:- We perused relevant documents on record.  Complainant filed chief affidavit.  Ext.A1 to A10 marked on the side of the complainant.  Opposite party had not filed version.  As per Ext.A1 the complainant had transferred Rs.25,000/- to opposite party through Google Pay.  No contradictory evidence produced by the opposite party.  According to the complainant on 04/07/2019 he paid Rs.2,500/- as registration fees to the opposite party directly.  But the opposite party had not given receipt for Rs.2,500/-.  The opposite party had stated that the offer letter will be ready before 20^th October.  But the opposite party failed to give the offer letter.  The complainant and his son sent messages to the opposite party and they had replied.  Finally the opposite party had sent a reply letter marked as Ext.A10 dated 30/12/2019 stating that:- 

“The service fee is not refundable under any circumstances.  And if interested we are ready to provide service for Germany or any other country based on your academic qualification”. 

But the opposite party had not produced documentary evidence to prove their case.  The complainant demanded the amount of Rs.27,500/- to the opposite party after 30^th November.   Firstly the opposite party had agreed to give the offer letter before 30/11/2019.  As per documents the opposite party had not given the offer letter before 30/11/2019.  The complainant has stated that his son had lost one academic year due to the act of the opposite party.  No contradictory evidence produced by the opposite party.  We find that the act of the opposite party amounts to deficiency in service.

In the result the complaint allowed. We direct the opposite party to refund Rs.25,000/- as the amount paid by the complainant and pay Rs.5,000/- as compensation and Rs.2,500/- as cost of the proceedings.Failing which the amount except cost shall carry 9% interest from the date of order till the date of payment/realization.

 A copy of this order as per the statutory requirements is forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 10^th  day of February, 2021.  

                                                                      Sd/-

                                                             P.V.JAYARAJAN                 : PRESIDENT

                                                                     Sd/-

PREETHA G. NAIR              : MEMBER    

          Sd/-

                                                                 VIJU V.R                          : MEMBER    

  R                                                                                

C.C.No.20/2020

                                        APPENDIX

I        COMPLAINANT’S WITNESS:

                             NIL

II       COMPLAINANT’S DOCUMENTS:

  A1: Copy of Google Pay receipt

  A2: Copy of E-mail dated 17/07/2019.

  A3: Copy of reply letter through E-mail dated 20/07/2019.

  A4: Copy of E-mail dated 27/07/2019.

  A5: Copy of E-mail dated 30/07/2019.

  A6: Copy of E-mail dated 02/12/2019.

  A7: Copy of E-mail dated 10/12/2019.

  A8: Copy of E-mail dated 11/12/2019.

  A9: Copy of reply letter through E-mail Dated 26/12/2019.

 A10: Copy of reply letter Through E-mail dated 30/12/2019.

III      OPPOSITE PARTY’S WITNESS:

                     NIL

IV      OPPOSITE PARTY’S DOCUMENTS:

                      NIL

                                                                                                                                                    Sd/-

                                  PRESIDENT

R