Date of Complaint : 02.11.2011
Date of Order : 05.02.2015
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
TMT.K. AMALA, M.A. L.L.B., : MEMBER II
C.C.No.312/2011
THIS THURSDAY , THE 5TH DAY OF FEBRUARY 2015
Mr. K.Makesh,
S/o. V. Kulandaiswamy,
No.2/252 Manmangalam (West),
Manmangalam (P.O),
Karur District 639 006. .. Complainant.
- Vs-
M/s. SSI IT Education (P) Ltd., Rep. by its Managing Director, Chandamama Building, Third Floor, NO.188, N.S.K. Salai. Vadapalani, Chennai 600 026. .. Opposite party | | .. Opposite party. |
| | |
For the complainant : M/s. K. Krishnamoorthy & another, Advocate
For the opposite party : Exparte.
Complaint under section 12 of the Consumer Protection Act, 1986 for a direction to the opposite party to refund a sum of Rs.9,500/- being the part payment of the course fee with interest and also to pay a sum of Rs.1,00,000/- as compensation towards mental agony and Rs.10,000/- towards cost of the complaint to the complainant.
ORDER
THIRU. B. RAMALINGAM, PRESIDENT
1. The Case of the complainant is briefly as follows:
The complainant was included by the opposite party to join the “72 days program (Java) Course. The complainant requested for the nearest Centre at Adyar. The opposite party was assured that the Java programme would shortly be conducted at Adyar also. After completion of the course he was assured of a job and they informed him that the course would be started within a few days. Based on the assurance the complainant had paid a sum of Rs.9500/- towards registration fee and the opposite party issued receipt bearing No.939, dated 28.9.2010. The complainant was asked to pay the balance amount of Rs.3500/- after getting placement. The complainant was eagerly waiting for the date of commencement of the course. Thereafter the complainant approached the opposite party in person or phone but there was no response regarding the commencement of the said course. In spite of seven months having elapsed the opposite party never commenced the course and they did not respond to the complainant’s phone calls. The complainant has issued a legal notice dt.28.3.2011 to the opposite party. But there was neither any response nor the amount paid the complainant was refunded. The act of the opposite party is amount to deficiency in service and which caused mental agony and hardship to the complainant. As such the complainant has sought for refund amount of Rs.9,500/- towards registration fee with interest and to pay a sum of Rs.1,00,000/- towards compensation for mental agony and deficiency in service and Rs.10,000/- as cost of this complaint.
2. Even after receipt of the notice from this forum in this proceeding, the opposite party did not appear before this Forum and did not file any written version. Hence the opposite party was set exparte 18.05.2012.
3. Complainant has filed his proof affidavit and Ex.A1 & Ex.A2 were marked on the side of the complainant.
4. The points that arises for consideration are as follows:
1. Whether the opposite party committed any deficiency
in service?
2. To what relief the complainant is entitled to ?
5. POINT NOS: 1 & 2:
Perused the complaint, proof affidavit filed by the complainant, Complainant’s documents Ex.A1 & Ex.A2 and considered the arguments of the complainant’s counsel. The proof affidavit of the complainant and documents filed by the complainant are proves that as stated by the complainant on the assurance given by the opposite party, the complainant has paid a sum of Rs.9,500/- on 28.9.2010 under Ex.A1 towards registration fee for the proposed course to be studied by the complainant in the opposite party institution. But having received the registration fee has assured by the opposite party, they have not started the said course, despite of repeated enquiry made by the complainant in person as well as through phone. The complainant also issued legal notice dt.28.3.2011 under Ex.A2 through his counsel insists for the starting of the course or to return of the said registration fee made by the
complainant with compensation. But the opposite party had not responded for the said notice are all acceptable. The act of the opposite party amounts to deficiency of service and as such the complainant has got mental agony and suffered hardship is also acceptable. Therefore we are of the opinion that the opposite party is liable to return the registration fee of Rs.9500/- received from the complainant with interest at the rate of 9% p.m. from the date of 28.9.2010 to till the date of payment. Further the opposite party is liable to pay a sum of Rs.5,000/- towards the just compensation for mental agony caused to the complainant due to deficiency of service and the opposite party is also liable to pay a sum of Rs.2000/- as cost to the complainant and the points 1 & 2 are answered in favour of the complainant.
In the result the complaint is partly allowed. The opposite party is directed to return the registration fee of Rs.9500/- (Rupees Nine thousand and five hundred only) received from the complainant with interest at the rate of 9% p.a. from the date of 28.9.2010 to till the date of payment and also to pay a sum of Rs.5,000/- (Rupees Five thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.2,000/- (Rupees Two thousand only) as cost to the complainant within six weeks from the date of receipt of copy of the order, failing which the above said amount shall carry
interest at the rate of 9% per annum from this day, till the date of payment.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us on this the 5th day of February 2015.
MEMBER-II PRESIDENT.
Complainant’s Side Documents:-
Ex.A1 – 28.9.2010 - X-copy of receipt issued by the opposite party.
Ex.A2- 28.3.2011 -X-copy of legal notice issued by the
complainant’s counsel to the opposite party.
Opposite party’s Document’s : .. Nil .. (exparte)
MEMBER-II PRESIDENT.
