PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 28th day of March 2012
Filed on : 21/07/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member. Member.
Smt. C.K. Lekhamma, Member
C.C. No. 386/2011
Between
Jins Joseph, : Complainant
S/o. P.T. Joseph, (By Adv. Jose Tom C,
Myalilputhenpura, Kandathil, Kochi-38)
Kaduthuruthy, Vaikom,
Kottayam.
And
1. M/s. DGITO Technical : Opposite parties
Training services Pvt. Ltd., (By Adv. Muhammed Siyad,
2nd Floor, 41/381 and 41/382, 41/103 A, Ammankovil road,
Ammankovil Junction, Ernakulam, Kochi-35.)
Chittoor Road, Ernakulam,
rep. by its Managing Director.
2. Jiji John, Manager,
Digi Park, DGITO Technical
Training Service Pvt. Ltd.,
2nd floor, 41/381 and 41/381
and 41/382, Ammankovil
Junction, Chittoor road,
Ernakulam.
O R D E R
A Rajesh, President.
The undisputed facts of the complainant’s case are as follows:
On 26-01-2008 the opposite parties collected Rs. 5,000/- from the complainant’s father towards admission for Aviation Course. The opposite parties were asked to be contacted after higher secondary education of the complainant. The complainant did not pass the +2 examination and the complainant’s mother approached the opposite party to get back the amount. The 2nd opposite party informed that the fee collected would be refundable only when the admission process is completed and asked her to remit a sum of Rs. 5,000/- more to refund the previous amount. Accordingly she paid the sum on 10-06-2009. The complainant is entitled to get refund of the amounts with 12% interest p.a. The complainant and his parents has had to suffer a lot of mental agony and inconveniences due to the deficiency in service and unfair trade practice on the part of the opposite parties. Thus the complainant is before us seeking direction against the opposite parties to refund the amounts with 12% interest together with compensation of Rs. 2,000/- and costs of the proceedings.
2. The notice to the opposite parties was returned ‘unclaimed’ which is treated as service of notice as per law. Proof affidavit has been filed by the complainant and Exts. A1 to A9 were marked on his side. The counsel for the complainant filed argument note. Heard the counsel.
3. The points that came up for consideration are as follows:
i. Whether the opposite parties are liable to refund the fees with
interest to the complainant?
ii. Whether the complainant is entitled to get compensation and
costs of the proceedings?
4. Points Nos. i&ii. Exts. A1 goes to show that the complainant paid Rs. 5,000/- to the opposite parties on 26-01-2008. Ext. A2 would show that the opposite parties collected a further amount of Rs. 5,000/- from the complainant on 10-06-2009. According to the complainant since he has failed the +2 course he requested the opposite parties to refund the fee remitted by him. The opposite parties duly replied to the notice by sending Ext. A3 lawyer notice raising their own reasons not substantiating for absense of themselves. The absence of the opposite parties in this Forum speaks volumes too loudly. The opposite parties should have established their contentions why they should withhold the fee of Rs. 10,000/-, in which they failed. The complainant is legally and unequivocally entitled to get the refund of Rs. 10,000/- from the opposite parties with interest. Moreover the complainant has had to suffer lot of inconveniences and expenses due to the deficiency in service on the part of the opposite parties. A student who had had ambition to grow was suffocated and made a scaffold of due to the impertinence and inadequacy of service which squarely means deficiency in service which calls for compensation and costs of the proceedings. We allow the compensation as prayed for and fix the costs at Rs. 1,000/-.
5. In the result, we allow the complaint and direct as follows:
i. The opposite parties shall jointly and severally refund Rs.10,000/- to the complainant with 12% interest p.a. from the date of receipt till payment.
ii. The opposite parties shall jointly and severally pay a compensation of Rs. 2,000/- and Rs. 1,000/- towards costs of the proceedings to the complainant.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 28th day of March 2012.
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Receipt dt. 26/01/08
A2 : Receipt dt. 10/06/2009
A3 : Letter dt. 14-12-2010
A4 : Reply notice dt. 25/02/2011
A5 : Reply dt. 25/02/2011
A6 : Letter dt. 25/02/2011
A7 : Copy of A.D. card
A8 : Lawyer notice dt. 05-03-2011
A9 : Copy of visiting card
Opposite party’s Exhibits : : Nil
