DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 5th day of June 2015
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 18/05/2013
(C.C.No.91/2013)
Ajith
S/o.Arumugan Karingarapully
Vivekananda Colony,
22/864, Kunnathurmedu Post
Palakkad - Complainant
(By Adv.Redson Scaria)
Vs
Managing Director,
Carreer Institute of Advanced Technology,
CIAT,
T.M.Complex, Chandranagar,
Palakkad - Opposite party
(By Adv.E.Muraleedharan)
O R D E R
By Smt.Shiny.P.R. President.
The complainant took admission on 9-8-2012 for Diploma in Civil Engineering run by opposite party as per the advertisement shown in the newspaper. Opposite party assured a high academic standard. An amount of Rs.15,000/- was paid in advance towards the fee. At the time of admission the complainant and his mother signed 3 documents as demanded by the opposite party. One of the documents stated that if the students drop out from the course those students are liable to pay the entire fee for the course. But the first day itself he did not like the atmosphere of institution. Complainant has not seen any discipline in the institution. Then this matter was intimated to his father. On 10-8-2012 his father went to opposite party institution and informed his son’s intention to withdraw from the institution. But at that time the opposite party again convinced his father about the discipline and academic standard and he was compelled again to remit Rs.3,000 towards admission fee. Therefore the complainant has paid a total sum of Rs.18,000/-to the opposite party. From the information obtained from the students of the opposite party institution, complainant revealed the fact that the class will be conducted at Mettupalayam and will be dispersed at 12 o’clock in spite of the assurance of opposite party. Then the complainant and his mother went to opposite party institution and requested to refund the fees and return certificates already submitted. In spite of the repeated requests of the complainant, opposite party neither returned certificate nor refund the fees. Then the complainant’s father sent a registered notice to opposite party. After receiving the registered notice they refund Rs.10,000/- and returned the certificates. By the act of opposite party, complainant lost one academic year and sustained mental agony. He could not join in other institutions. Complainant submitted that the act of opposite party amounts to unfair trade practice. Hence the complaint. Complainant prays for an order directing opposite party to pay Rs.50, 000/- for mental agony
Complaint was admitted and was issued notice to opposite party. Opposite party entered appearance and filed their version contenting the following:
Opposite party admitted the admission of complainant in Diploma in Civil Engineering and acceptance of fees. The opposite party offered courses in newspaper advertisement and without any compulsion or canvassing students join in the courses. The opposite party revealed all the rules and regulations at the time of enquiry by the complainant and his guardian. The opposite party initially informed the students that the fee paid will not be refunded and if the students drop out from the course they are liable to pay the entire fee for the course. The opposite party normally collects certificates of the students for registration purposes. It is the rule of the institution that certificates should not be given to the students without knowledge and permission of their parents. When the complainant demanded the certificates, the officer of the opposite party institution informed that the certificates can be returned only if the parent demanded for the same. Subsequently the father of the complainant has sent a registered notice to opposite party. Then the certificates were given back and major portion of fee collected also refunded.
The complainant was joined in the institution only after closing the admission in all regular institutions. The complainant has discontinued the course only because of his own faults and not of the institution. The complainant is not entitled to get any relief from the opposite party because he and his parent had undertaken that they shall pay the entire course fee if he withdrawn from the institution. The averments in the complaint that he has lost the chance to join other institutions only because of the certificates are not obtained in time is not true. Hence there is no deficiency in service or unfair trade practice from the part of opposite party. Hence the complaint is liable to be dismissed.
Both parties filed their respective chief affidavits. Ext.A1 to A5 except A3 were marked from the side of complainant and Ext.B1 to B32 were marked from the side of opposite party. Opposite party filed interrogatories and complainant answered for the same. Opposite party was examined as DW1.
Issues are to be considered
- Whether there is any unfair trade practice committed by opposite party ?
- If so, what is the relief?
Issues 1 & 2
Both parties heard. We have perused the documents on record. Ext A1 and A2 shows that the opposite party has received fees of Rs.18,000/- from the complainant. On 9-8-2012 complainant joined to civil diploma course in the opposite party institution. On 10-8-2012 father of the complainant went to consult with opposite parties. DW1 deposed at the time of cross examination that the admission will be closed during the month of June-July. But the complainant came to opposite party institution for joining to civil diploma course on 9-8-2012. Complainant also admitted this fact. In the answers filed by the complainant he submitted that he has got call letter from Prime College of Engineering. The complainant has not produced any documents to prove that he has got call letter or admission letter from Prime College of Engineering or any other institutions during the year 2012-13. Ext B31 and 32 produced by the Prime College of Engineering did not contain the name of the complainant anywhere. As per Ext B1 on 13-9-2012 complainant received Rs.10,000/- and SSLC Book, +2, TC and CC from the Opposite party. On perusing the documents we are of the opinion that only one month delay has occurred for getting certificates from the opposite party. The complaint itself reveal the fact that complainant withdrew the admission according to his whims and fancies after two days. Ext.B26 shows that opposite party has the membership of the Indian Institution of Civil Engineers (India). Ext.B27 and Ext.B29 shows that the Government of Kerala and Union Public Service Commission approved the course of Diploma in Civil Engineering conducted by opposite party. Undertaking given by complainant is binding provided opposite party proves that seat remained vacant during the entire academic year. In this case opposite party did not produce any documents to show that the seat was vacant during the year 2012-13 after the withdrawal of the Complainant. So the opposite party has no right to withheld fees and the certificate of complainant. Complainant went to the college only for two days. It is the admitted fact that complainant has received Rs.10,000/- from the opposite party along with certificates. Balance of Rs.8,000/- was not paid to the complainant. Since complainant went to Opposite party institution for two days, out of the fees deposited by complainant, Rs,150/- towards application form, Rs.300/- towards Registration and Rs.250/- towards library are not entitled to get the complainant. Opposite party has the right to deduct Rs.700/- from the fees collected. Hence the balance of Rs.7300/- is to be paid to the complainant. Non payment of this amount amounts to unfair trade practice. On perusing the documents on record we are of the opinion that since complainant has discontinued the course only because of his whims and fancies he is not entitled to get compensation for mental agony.
In the above circumstances we are of the opinion that opposite party commits unfair trade practice. Hence the complaint is allowed. The Opposite party is directed to pay Rs.7,300/-(Rupees Seven thousand three hundred only) along with interest @ 9% per annum from the date of complaint till the date of order and also to pay Rs.1,000/- (Rupees One thousand only) as cost of proceedings.
Order shall be complied within a period of one month from the date of receipt of order, failing which complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on this the 5th day of June 2015.
Sd/-
Shiny.P.R.
President
S d/-
Suma.K.P.
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Receipt for Rs.15,000/- dtd.9/8/12
Ext.A2 – Receipt for Rs.3,000/- dtd.10/08/12
Ext.A3 –
Ext.A4 – Letter given to Manager CIAT by complainant dtd.3/9/12
Ext.A5 – Copy of CIAT application form
Exhibits marked on the side of opposite party
Ext.B1 – Application form submitted by complainant
Ext.B2 – Application form submitted by Joseph.D
Ext.B3 – Application form submitted by Mohammed Ashif Unni
Ext.B4 - Application form submitted by Priya E.P
Ext.B5 - Application form submitted by Maya.M
Ext.B6 – Application form submitted by Ammar.A
Ext.B7 - Application form submitted by Anjali.R
Ext.B8 - Application form submitted by Akhitha.E
Ext.B9 – Copy of letter issued by Institution of Civil Engineers( I) to Students
Ext.B10 - Copy of letter issued by Institution of Civil Engineers( I) to Students
Ext.B11 - Copy of letter issued by Institution of Civil Engineers( I) to Students
Ext.B12 - Copy of letter issued by Institution of Civil Engineers( I) to Students
Ext.B13 - Copy of letter issued by Institution of Civil Engineers( I) to Students
Ext.B14 - Copy of letter issued by Institution of Civil Engineers( I) to Students
Ext.B15 - Copy of letter issued by Institution of Civil Engineers( I) to Students
Ext.B16 – Copy of Project approval letter issued by Institution of Civil Engineers (I) to
Students
Ext.B17 - Copy of Project approval letter issued by Institution of Civil Engineers (I) to
Students
Ext.B18 - Copy of Project approval letter issued by Institution of Civil Engineers (I) to
Students
Ext.B19 - Copy of Project approval letter issued by Institution of Civil Engineers (I) to
Students
Ext.B20 - Copy of Project approval letter issued by Institution of Civil Engineers (I) to
Students
Ext.B21 - Copy of Project approval letter issued by Institution of Civil Engineers (I) to
Students
Ext.B22 - Copy of Project approval letter issued by Institution of Civil Engineers (I) to
Students
Ext.B23 – Copy of Certificate issued by Matha College of Technology to students
Ext.B24 - Copy of Certificate issued by Matha College of Technology to students
Ext.B25 - Copy of Certificate issued by Matha College of Technology to students
Ext.B26 – Original Certificate of Membership issued by Institution of Civil
Engineers (I) to CIAT
Ext.B27 – Copy of Govt.order.
Ext.B28 – Copy of notification issued by Govt.of India
Ext.B29 – Copy of letter issued by Under Secretary, UPSC to Institution of Civil
Engineers (I)
Ext.B30 – List of students admitted in 2013-14 for Civil Engineering Department
in Prime College of Engineering.
Ext.B31 - List of students admitted in 2012-13 for Civil Engineering Department
in Prime College of Engineering.
Ext.B32 - List of students admitted in 2012-13 for Civil Engineering Department
in Prime College of Engineering.
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
DW1 – Ismail.S.M.
Cost
Rs.1,000/- allowed as cost of the proceedings.
