DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Friday the 30th day of December, 2022
C.C. 53/2020
Complainant
Sayooj K. S,
S/o Sajith Kumar. K. K,
Korambil House (Krishna Nivas),
Kattikulam,
Wayanad.
Represented by Nidhesh T. P,
Thazhathe Purakkal Hosue,
Cheruvannur, Feroke, Kozhikode – 673631.
(By Adv. Sri. Pranav)
Opposite Party
M/s Alpha Mary International Education,
2nd Floor, Happy Tower,
Near south Indian Bank,
Vaikom Muhammed Basheer Road,
Calicut – 673001.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.
2. The case of the complainant, in brief, is as follows:
On 18/07/2017 the complainant deposited an amount of Rs. 50,000/- in the bank account of the opposite party as instructed by the opposite party for the purpose of arranging B-pharm admission for the complainant.
3. But the opposite party failed to arrange admission in the promised time and hence he was compelled to take admission in another College. On contacting, the opposite party agreed to refund the amount at the earliest. But in spite of repeated requests, the amount paid by him was not refunded. Hence the complaint to direct the opposite party to pay compensation of Rs. 2,00,000/-.
4. The opposite party was set ex-parte.
5. The points that arise for determination in this complaint are;
(1). Whether there was any deficiency of service or unfair trade practice on the part of the opposite party?
(2). Reliefs and costs.
6. The power of attorney holder of the complainant was examined as PW1 and Exts A1 to A4 were marked.
7. Heard.
8. Point No.1 : The complainant has approached this Commission seeking compensation of Rs. 2,00,000/- from the opposite party. The specific allegation is that the opposite party failed to arrange admission for B-pharm course despite receiving a sum of Rs. 50,000/- from him and also neglected to refund the amount on failure to arrange admission.
9. The power of attorney holder of the complainant was examined as PW1, who has filed affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 copy of the bank slip shows that the complainant had deposited a sum of Rs. 50,000/- in the bank account of the opposite party on 18/07/2017. It is averred in the affidavit that the opposite party could not arrange admission and so he was compelled to take admission in another college and eventhough the opposite party had promised to refund the amount, the promise was not kept. Ext A4 copy of the communication dated 08/07/2019 shows that the opposite party had agreed to refund Rs. 50,000/-. The evidence of PW1 stands unchallenged. The opposite party has chosen to remain ex-parte and did not file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A4.
10. The act of the opposite party amounts to unfair trade practice and deficiency of service. The complainant is entitled to get refund of Rs. 50,000/- paid by him. Undoubtedly, the act of the opposite party has resulted in mental agony and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/- will be reasonable compensation in this case. The complainant is also entitled to get Rs. 5,000/-as cost of the proceedings.
11. Point No.2: In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC 53/2020 is allowed in part.
b) The opposite party is hereby directed to refund Rs. 50,000/- (Rupees fifty thousand only) to the complainant .
c) The opposite party is directed to pay a sum of Rs. 10,000/- (Rupees ten thousand only) as compensation to the complainant for the mental agony and hardship suffered.
d) The opposite party is directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) as cost of the proceedings to the complainant.
e) The payment as aforestated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 50,000/- shall carry an interest of 6% p.a from the date of this order till actual payment.
Pronounced in open Commission on this, the 30th day of December, 2022.
Date of Filing: 03/02/2020.
Sd/-
PRESIDENT
Sd/- MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Copy of the bank slip.
Ext. A2 – Copy of the communication dated 01/04/2019.
Ext. A3 – Copy of the communication dated 02/07/2019.
Ext. A4 – Copy of the communication dated 08/07/2019.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 – Nidheesh. T. P.
Witnesses for the opposite parties
Nil.
Sd/-
PRESIDENT
Sd/-
MEMBER
Forwarded/By Order
Sd/-
Assistant Registrar
