IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
DATED THIS THE 20th DAY OF OCTOBER 2022
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Smt.S.Sandhya Rani. Bsc, LLB ,Member
Sri.Stanly Harold, B.A.LLB, Member
CC.No.257/2021
Sooraj S.,
Lekshmi Vihar,
Cherumoodu, Vellimon P.O.,
Perinad, Kollam 691511. : Complainant
V/s
Manager, Sreekumar,
Eurotech Marry time Academy,
1st Vakkils Building,Banarji Road,Opp.T.V.S
Showroom, Desabhimani Junction, Kalloor,
Kochi Pin 682 917. : Opposite party
ORDER
Smt.Sandhya Rani, B.Sc, LLB, Member
This is a case based on a complaint filed U/s 35 of the Consumer Protection Act 2019.
The averments in the complaint in short are as follows:-
The complainant has joined in an online course named Basic Stew Safely training courses and STSD courses conducted by Marry time Academy after paying Rs.22,500/- as course fee. He has joined in the course with an intend to get a job in Merchant Navy. But when he could realize that so he would have to give a huge amount for getting that job, he has decided to avoid the same. Thereafter the complainant demanded refund of the fees remitted. Though the opposite party have hesitated to return the fee amount first, they have refunded 50% of the same to the account of the complainant. According to the complainant he has withdrawn from the course well in advance before the class started. Moreover one of the staff of opposite party, Smt.Rohini, assured the complainant that he would be given a full refund excluding the Indos number fee of approximately Rs.2,000/-. But the opposite party has refunded 11,250/- only. Now the complainant is working as a trainee in a company on Cochin shipyard on contract basis with a meagre salary. The complainant has remitted the fees amount after taking a loan from certain others. Though he has contacted the opposite party several times through online by requesting the balance amount they did not respond to his email which caused much mental agony apart from financial loss.
The above mentioned act of the opposite party amounting to deficiency in service and unfair trade practice. In the circumstances the complainant claims an amount of Rs.20,000/- by way of compensation. Hence the complaint.
Though notice issued from this Commission was received by the opposite party, they have not appeared before the commission hence opposite party set exparte. Complainant filed chief affidavit and got marked Ext.A1 to A4 documents and heard the complainant.
Ext.A1 copy of email-communication made by the complainant and opposite party, Eurotech Maritime Academy. Ext.A2 copy of Google pay transaction evidencing that the complainant Sooraj S. has transferred Rs.22,500/- to Eurotech Maritime Academy on 07.06.2021 through his Federal Bank account. Ext.A3 statement of account of the complainant Sooraj issued from Federal Bank, Kundara Branch for the period from 01.06.2021 to 30.06.2021 evidencing that Rs.22,500/- was withdraw from his account on 07.06.2021. Ext.A4 statement of account of the complainant issued by Federal Bank, Kundara Branch for the period from 01.07.2021 to 30.07.2021 evidencing that Rs.11,250/- was deposited in his account on 26.07.2021 as Fund Transfer.
The unchallenged averments in the affidavit coupled with Ext.A1 to A4 documents would establish the case of the complainant. Ext.A2 evidencing that the complainant had remitted Rs.22,500/- to opposite party by way of admission fee for the online course, Basic Stew Safely Training Courses and STSD courses
conducted by the Eurotech Maritime Academy (opposite party). Due to certain personal issues he could not join in the said online course and the complainant has withdrawn from the course well in advance before the class started Ext.,A1 email communication reveals that the complainant had contacted with the opposite party several times requesting the refund of fee and one of their staffs Smt.Rohini told the complainant that they would refund the fee amount after deducting indos number fee of Rs.2,000/- but the complainant has received only 50% of the fee. It is pertinent to note that there exist any condition between the complainant and opposite party that in case of refund of remitted fee the complainant would get only 50% of the remitted sum. In the circumstances the complainant is entitled to get the remaining fees Rs.11,250/- after deducting the indos number fee. But the opposite party has failed to repay the same even after several contacts from the complainant. The above mentioned act on the part of opposite party definitely amounts to deficiency in service and unfair trade practice which resulted in mental agony apart from financial loss to the complainant.
In the circumstances the complainant is entitled to get an order as prayed for.
On evaluating the entire materials available on records are inclined to grand the reliefs sought for.
In the result the complaint stands allowed.
- The opposite party is directed to pay Rs.20,000/- to the complainant by way of compensation within 45 days from the date of getting a copy of this order failing which the complainant is entitled to recover the above amount with interest @ 9% per annum from the date of complaint till realization.
Dictated to the Confidential Assistant Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the Open Commission this the 20th day of October 2022.
S.SANDHYA RANI:Sd/-
E.M .MUHAMMED IBRAHIM:Sd/-
STANLY HAROLD:Sd/-
Forwarded/by Order
Senior superintendent
INDEX
Witnesses Examined for the Complainant:-Nil
Documents marked for the complainant
Ext.A1 : Copy of email-communication made by the complainant and opposite party, Eurotech Maritime Academy
Ext.A2 : Copy of Google pay transaction
Ext.A3 : Statement of account of the complainant Sooraj issued from Federal Bank, Kundara Branch
Ext.A4 : Statement of account of the complainant issued by Federal Bank, Kundara Branch for the period from
01.07.2021 to 30.07.2021
Witnesses Examined for the opposite party:-Nil
Documents marked for opposite party:-Nil
