By. Smt. Beena. M, Member:-

            This is a complaint filed under section 35 of the Consumer Protection Act 2019.

            2. Brief facts of the case are given below:-

              When the Complainant completed graduation, he decided to take admission for P.G and after that intended to go abroad.  As the Complainant got a job immediately, he decided to take P.G through distance education.  One lady staff of the Opposite Party institution called the Complainant and compelled him to join P.G. in their institution and she assured him that the Complainant could do PG in distance education and also assured that he could attend exam through online and would do job abroad.  The Complainant paid Rs.10,000/- to the account of the Opposite Party as admission fees. Thereafter, the Complainant paid second instalment of Rs.5,000/- directly and the Opposite Party issued a receipt for the same.  The third and fourth instalment amounts of Rs.5,000/- each paid through account and the last instalment amount of Rs.10,000/- and Rs.5,000/- were paid through Google Pay of his father’s friend.  After the last payment, the Complainant tried to contact the Opposite Party, but their phone was switched off.  When the Complainant checked the website of the Opposite Party, it was seen that so many students commented that they were cheated.  So, the Complainant went there directly and the Complainant saw that the institute of the Opposite Party was closed.  Then he enquired the neighbours about the Opposite Party. They had told that the Opposite Party had left the place and also told that so many students came and enquired about the Opposite Party.  When he went to the Palarivattom Police station, he understood that so many students had lodged complaint against the Opposite Party and the Complainant also lodged a Complaint.   The act of the Opposite Party is unfair trade practice.  Hence, this complaint.

            3.  After the admission of the complaint, the Commission issued summons to the Opposite Party.  Though the Opposite Party received summons, they failed to appear through Counsel or in person and hence the Commission set them ex-parte.

            4.  The Complainant had adduced oral evidence.  He was examined as PW1 and the documents were marked as Ext.A1, A2 series and A3.  Ext.A1 shows that on 12.08.2021 Complainant had withdrawn an amount of Rs.10,000/- as well as Rs.5,000/- on 02.11.2021 and Rs.5,000/- on 29.01.2022.  On 02.03.2022 the Complainant had again withdrawn an amount of Rs.5,000 from his account.  Ext.A2 is the Google Pay Screenshot which shows that the Complainant had paid Rs.5,000/-  each to the Opposite Party’s account.  Ext.A3 is the receipt issued by the Opposite Party for Rs.5,000/- dated 22.09.2021. So, it is clear from Ext.A1 to Ext.A3 that the Opposite Party have received fees of Rs.40,000/- from the Complainant.   It is to be noted that Opposite Party has not appeared to contest the claim of the Complainant and preferred to proceed against ex-parte. Hence, the claim of the Complainant is deemed to be accepted.  This is unfair trade practice/deficiency in service on the part of Opposite Party, as the evidence of the Complainant has seen unchallenged.  The Commission is of the view that being a student the Complainant approached the Opposite Party to learn PG course by believing the words of the staff of the Opposite Party. But, even after receiving the total fees the Opposite Party failed to give class in PG course which causes severe mental agony, financial hardship and loss of two years to the Complainant.  Hence the complainant deserves to get relief as prayed for.   

            In the result, the Complaint is allowed with cost, and

1. The Opposite Party is directed to pay an amount of Rs.40,000/- (Rupees Forty Thousand Only) and Rs.50,000/- (Rupees Fifty Thousand Only) as fees and compensation respectively to the Complainant.
2. The Opposite Party is further directed to pay Rs.20,000/- (Rupees Twenty Thousand Only) towards cost.

The above amounts shall be paid to the Complainant within one month from the date of receipt of this order, failing which the Complainant is entitled to get interest @ 8% per annum for the above amount from the date of this order till realization of the amount.            

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 25^th day of July 2023.

Date of Filing:- 09.01.2023.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

APPENDIX.

Witness for the Complainant:-

PW1.              Sreenath.                                          Salesman.

Witness for the Opposite Party:-

Nil

Exhibits for the Complainant:

A1.                  Statement of Account for the period of 01.08.2021 to 31.03.2022.

A2(series).    Google pay Screen shot (2 Nos).

A3.                  Copy of Payment Receipt.                                   Dt:22.09.2021.                                                      

Exhibits for the Opposite Party:-

                        Nil.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-