Andhra Pradesh

Nellore

CC/34/2015

Kakanuru Uday kumar Reddy, S/o Kakanuru Venkata Veera Raghava Reddy, Being minor rep by his father and natural Guardian K.V.V. Raghava Reddy. - Complainant(s)

Versus

Master Minds, Rep by its Prop. Mattupalli Siva Prasad - Opp.Party(s)

Md. Rahim Khan

27 Feb 2017

ORDER

Date of filing      :  28-04-2015

Date of Disposal :  27-02-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

           :: NELLORE ::

                                                       

Monday, this the 27th day of FEBURARY, 2017.

 

          PRESENT:  Sri V.C. Gunnaiah, B.Com., M.L, President(FAC)

                                      Sri K.Umamaheswara Rao, Member.                                

                     

                             

C.C.No.34/2015     

 

1. Kakanuru Uday Kumar Reddy,

S/o.Kakanuru Venkata Veera Raghava Reddy,

Hindu, Student, aged about 16 years,

Being minor represented by his father and

 Natural guardian K.V.V.Raghava Reddy,

Residing at Gajagudur, Rajupalem Mandal,

Prodattur Taluk, YSR Kadapa District.                                        

 

2. Kakanuru Venkata Veera Raghava Reddy,

S/o.K.Bala Veera Reddy,

Hindu,  Agriculturist, Aged about 51 years,

Residing at Gajagudur, Rajupalem Mandal,

Prodattur Taluk,

YSR Kadapa District.                                                      …  Complainants

 

                      Vs.                                                                         

1. Master Minds,

Represented by its Prop.Mattupalli Siva Prasad,

Head Office : Door No.5-25-72,

3/11, Brodipet, Guntur-2,

Andhra Pradesh.

 

2. Master Minds,

Represented by its

Prop.Mattupalli Siva Prasad,

Branch Office: New Door No.15/610 and 611,

James Garden, Near PSR Bus Complex,

Atmakuru Busstand,

Nellore-524002, Andhra Pradesh.                                   … Opposite parties

 

This matter coming on 21-02-2017 before us for final hearing in the presence of            

Sri  Md.Rahimkhan, Advocate for the complainant and 1^st opposite party remained absent, Sri N.Sudheer Reddy, Advocate for the 2^nd opposite party and                             having stood over for consideration till this day, this Forum passed the following:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

ORDER                                                                                                                                                                                                                                                             (By Sri V.C. Gunnaiah, B.Com., M.L., President(FAC)

 

 

1.     The complainant filed this complaint under section 12 of Consumer Protection Act, to direct the opposite parties jointly and severally to refund Rs.45,000/- with interest @ 24% p.a., from 13-06-2014, to pay Rs.30,000/- towards damages for deficiency in service, unfair trade practice and negligence on their part and to pay Rs.5,000/- towards costs of this complaint and such other reliefs. 

 

 

 

2.  The averments of the complaint in brevity are as follows:

 

     On seeing the publicity given by the opposite parties, the 2^nd complainant joined the 1^st complainant, who is his son in Junior Intermediate in the 2^nd opposite party’s college at Nellore in the month of June, 2014 for the academic year 2014-2015 in track-IC of SSP-1 in MEC Group and he totally paid Rs.45,000/- under several receipts dated 13-06-2014 for his course.  His admission Number is 1009794, dated 12-06-2014.  After joining in the course, the 1^st complainant suffered lot of inconvenience due to unhealthy conditions and heavy crowed in the classes and the opposite parties have not maintained the classes as per their promises and not provided facilities to the students.  There are no suitable facilities in class rooms in the hostel. Inspite of complainants requested the opposite parties to reduce the crowed for the class rooms they did not heed.

 

    So, the complainant was not in a position to continue there, after attending      10 ½ days classes, he returned to his native place and decided not to go and join again in the college of 2^nd opposite party.  The 2^nd complainant approached the opposite party and requested to return the amount paid by him but the opposite party did not return the amount.  He issued legal notice on 17-11-2014 and the opposite parties issued reply on 21-12-2014 and refused to refund the fees.  There is deficiency and negligence in service on the part of the opposite parties, due to that the complainants suffered lot of mental agony, distress and financial loss.  Therefore, the complaint for the above reliefs.

 

3.  The opposite party No.1 not filed their written version.

 

4.  The 2^nd opposite party filed their written version denying the allegations of the complainants with regard to unhealthy conditions in their college, heavy crowed in the class rooms, unfair trade practice and deficiency in service on the part of them.  They also denied paying of Rs.45,000/- to the opposite parties by the complainants, as pleaded by them.

 

5.  It is further averred that the complainant joined as a student at Guntur on     25-05-2014  and paid Rs.3,500/- as registration fee for SSP1 MEC group  Junior Intermediate and continued there but without intimation, he left the college and joined in the 2^nd opposite party branch at Nellore by paying Rs.27,850/- on installment basis towards materials, hostel and other facilities provided to him.  The complainant paid total amount of Rs.31,350/- towards registration fee of Rs.2,500/-,  books and  auxiliary of Rs.4,000/-, caution deposit of Rs.1,000/-, stationery of Rs.350/-, coaching fee of Rs.210/-,  student deposit for inter enrolment amount Rs.1,940/-, towards tuition fee, Rs.12,850/- , local body taxes Rs.750/-, dhobi charges, Rs.2,500/-, auxiliary expenses, Rs.1,000/-,  accommodation and maintenance charges, Rs.750/-, coaching fee at Guntur Rs.3,500/-.  Thus, he paid total Rs.31,350/- and not for Rs.45,000/-. They paid the above mentioned amounts towards the initial amount fee but not entire fee. The said amounts paid towards both the hostel and course, are not refundable by the opposite parties.  Thus, there is no deficiency in service on the part of the opposite parties. The complainant is vexatious  one and liable to be dismissed with costs. 

 

6.  No oral evidence has been let in by the parties.

 

7.  On behalf of the complainants, affidavit of the 2^nd complainant is filed and got marked Exs.A1 to A3.  On behalf of the opposite parties, the affidavit of the 2^nd opposite party’s principal is filed and got marked Exs.B1 to B15.  Both the parties filed their written arguments.  Heard the arguments on both sides and considered the documents filed and written arguments of both parties.

 

  8.    On the above pleadings, the following points are settled for determination.

1. Whether there is deficiency in service on the part of the opposite parties, as pleaded by the complainants?
2. Whether the complainants are entitled for the claims, from the opposite parties?
3. To what relief?

 

9. POINTS 1 AND 2:    Learned counsel for the complainants contended that though the 1^st complainant  joined in the 2^nd opposite party’s college  but stayed only 11 days and returned to his home as there are no suitable facilities to him, to pursue his studies.  Therefore, he requested for refund of Rs.45,000/- paid by him to the opposite parties under Ex.A1 receipts. The opposite party refused the same on false grounds.  Therefore, he is entitled to refund the amount to the tune of Rs.45,000/- apart from Rs.30,000/- for mental agony and costs.

 

10. On the other hand, learned counsel for  the 2^nd opposite party contended that the complainants have not paid  Rs.45,000/-  but paid only Rs.31,350/- as per Ex.A1 bills  under various  non refundable heads  and the complainants have not paid full fee for refund of the same.  It is further contended that the opposite parties are maintaining the college in good and hygienic atmosphere and provided  all facilities to the students who are pursuing their studies but this 1st complainant was not attended the college and due to his own negligence and due to the negligence of the 2^nd opposite party, he left the college without intimation and filed his false case on false grounds.  Therefore, no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

 

11. Although, the 2^nd complainant stated in his affidavit, that he paid total Rs.45,000/- to the opposite parties in various receipts as per Ex.A1 filed by him but a perusal of Ex.A1 receipts 12 in nos. do not prove that the 2^nd complainant paid Rs.45,000/- towards the course of the 1^st complainant to the opposite parties.  We have calculated the total 12 receipts, which comes to Rs.31,350/- only.    The opposite parties in their written version in para-12, clearly stated that the complainants paid Rs.31,350/- in 12 receipts as shown on various heads and which are non-refundable.  The opposite parties also marked the receipts as Exs.B4 to B15 which comes Rs.31,350/-.  Therefore, the complainant failed to prove that he paid Rs.45,000/- to the opposite parties towards course fee of the 1^st complainant.

 

12.  Coming to the non-providing of facilities and unfair trade practice alleged to the 2^nd opposite party the same has also not been proved by the complainant.  There are several students pursuing the studies in opposite party’s college and institutions. If proper facilities are not there in their colleges and hostels, there would not have been that much strength in the college even as per the own version of the complainant that there is heavy crowed in the college.  So, the complainants failed to prove that there are no hygienic conditions in the class rooms and in the hostel and doing unfair trade   practice by the opposite parties.  It is an admitted fact that the complainants have not paid total fee payable to the course of the 1^st complainant.  It is  said by the opposite parties in their written arguments that total fee payable  is Rs.1,15,000/- but the complainant paid only Rs.31,350/- and out of it coaching fee is only 12,850/-.  The remaining amounts are towards the registration fee, caution deposit, books and auxiliary, stationery, student deposit for enrolment, local body taxes, dhobi charges, accommodation and maintenance charges and coaching fee at Guntur.  The above amounts are not refundable.  In this case, the 1^st complainant who is a student stayed in the hostel of the opposite party’s college and attended college for 11 days. Even as per the version of the complainants, food, accommodation and other facilities are provided to them.  But,  somehow,  the 1^st complainant, could not stay in the hostel and college  and left the college without intimation to the  authorities and joined his parents at his native place.  Inspite of intimation by the opposite party No.2, they did not return.  So, the leaving  of the 2^nd opposite party’s college and hostel by the 1^st complainant is only on his own negligence in pursuing the studies and there is no deficiency in service on the part of the 2^nd opposite party, either in giving coaching in the college or providing facilities in the hostel to the students.  However, since the 1^st complainant,  stayed in the college and hostel only for 11 days and he paid total Rs.31,350/-  and out of it, Rs.12,850/- only towards coaching fees and the remaining is towards other expenses of students at best, the complainant is entitled for return of coaching fee of Rs.12,850/- from the opposite party on humanitarian grounds  and consideration of the status of 2^nd complainant  who is a former though not entitled for the amounts paid under other heads. Thus, we hold that the complainants are entitled for refund of Rs.12,850/-, coaching  fee only paid to the 2^nd opposite party towards the course of the 1^st complainant with the  opposite parties.  Accordingly, the points 1 and 2 are answered.

 

POINT NO.3:     In the result, the complaint is partly allowed, directing the opposite parties 1 and 2 jointly and severally to refund Rs.12,850/-(Rupees twelve thousand eight hundred and fifty only)  only i.e., coaching fee paid by the complainants with interest @9%(nine) p.a., from the date of complaint i.e., 28-04-2015 till realization and to pay costs of Rs.2,000/- (Rupees two thousand only) to the complainants within 45 days from the receipt of this order.  The complainants are not entitled for other reliefs and they are disallowed.

 

Dictated to the Stenographer, transcribed by her and corrected and pronounced by us in the Open Forum this the 27th day of FRBRUARY,                   2017.    

 

               Sd/-                                                                           Sd/-

         MEMBER                                                                  PRESIDENT (FAC)

 

  APPENDIX OF EVIDENCE

 WITNESSES EXAMINED FOR COMPLAINANTS:

 

PW1

21-10-2015

:

Kakanuru Venkata Veera Raghava Reddy, S/o.K.Bala Veera Reddy, Hindu, agriculturist, aged about 51 years, residing at Gajagudur, Rajupalem Mandal, Prodattur Taluk, YSR Kadapa District.

 

 

WITNESSES EXAMINED FOR OPPOSITE PARTIES:

 

RW1

11-08-2015       21-11-2015

Pamidipula Hanumanth Rao, S/o.Chandra Sekhar Lingam, Hindu, aged 30 years, Principal Masterminds Colelge, Nellore.   Pamidipula Hanumanth Rao,S/o. S/o.Chandra Sekhar Lingam, Hindu, aged 30 years, Principal Masterminds Colelge, Nellore.

                                                                         

EXHIBITS MARKED FOR COMPLAINANTS:

 

Ex.A1	20-05-2014 13-06-2014 18-06-2014	:	A bunch of receipts (12 in nos) issued by the  opposite parties in favour of the 1st complainant.
Ex.A2	17-11-2014	:	Legal notice got issued by the counsel for the complainants to the opposite parties.
Ex.A3	21-12-2014	:	Reply notice got issued by the counsel for the opposite parties to the counsel for the complainants.

 

EXHIBITS MARKED FOR OPPOSITE PARTIES:                          

 

Ex.B1	12-06-2014	:	Photostat copy of Jr.MEC enquiry form signed by the complainants
Ex.B2	12-06-2014	:	Photostat copy of on request IC batch admission declaration form given by the complainants to the opposite parties.
Ex.B3	20-06-2014	:	Photostat copy of Student/parent self declaration to Master Minds management for SSP 1 admission/ conversion in Jr.MEC.
Ex.B4	13-06-2014	:	Photostat copy of receipt No.A5003272-14 for Rs.2,500/- issued by the opposite parties in favour of the 1st complainant.
Ex.B5	13-06-2014	:	Photostat copy of receipt No.A5003273-14 Rs.4,000/-. issued by the opposite parties in favour of the 1st complainant.
Ex.B6	13-06-2014	:	Photostat copy of receipt No.A5003274-14 Rs.1,000/-. issued by the opposite parties in favour of the 1st complainant.
Ex.B7	13-06-2014	:	Photostat copy of receipt No.A5003275-14 Rs.350/- issued by the opposite parties in favour of the 1st complainant.
Ex.B8	13-06-2014	:	Photostat copy of receipt No.A5003276-14 Rs.210/-. issued by the opposite parties in favour of the 1st complainant.
Ex.B9	13-06-2014	:	Photostat copy of  receipt No.B5000854-14 Rs.1,940/-. issued by the opposite parties in favour of the 1st complainant.
Ex.B10	18-06-2014	:	Photostat copy of receipt No.A5003532-14 Rs.12,850/-. issued by the opposite parties in favour of the 1st complainant.
Ex.B11	18-06-2014	:	Photostat copy of  receipt No.C5000182-14 Rs.750/-. issued by the opposite parties in favour of the 1st complainant.
Ex.B12	18-06-2014	:	Photostat copy of  receipt No.C5000183-14 Rs.2,500/-. issued by the opposite parties in favour of the 1st complainant.
Ex.B13	18-06-2014	:	Photostat copy of receipt No.C5000184-14 Rs.1,000/-. issued by the opposite parties in favour of the 1st complainant.
Ex.B14	18-06-2014	:	Photostat copy of receipt No.C5000185-14 Rs.750/- issued by the opposite parties in favour of the 1st complainant.
Ex.B15	20-05-2014	:	Photostat copy of receipt No.A1023942-14 Rs.3,500/- issued by the opposite parties in favour of the 1st complainant.

 

                

                                                                             Id/-

                                                                      PRESIDENT (FAC)

 

Copies to:

 

1) Sri Md.Rahimkhan, Advocate, Nellore.

 

2)Master Minds, Represented by its Prop.Mattupalli Siva Prasad, Head Office :

Door No.5-25-72, 3/11, Brodipet, Guntur-2, Andhra Pradesh.

 

3) Sri N.Sudheer Reddy, Advocate, 23-3-298, Akkanavari Street, Dargamitta,

    Nellore-3.

 

Date when order copies were issued: