Orissa

Rayagada

CC/324/2016

Laxmi Narayana Mishra - Complainant(s)

Versus

President of Managing Committee Cninmay Vidyalaya - Opp.Party(s)

Self

22 Oct 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 324/ 2016.                                        Date.   22     .10. 2018.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                   President

Sri GadadharaSahu, .                               Member.

Smt.  Padmalaya  Mishra,                          Member

Sri Laxmi Narayana  Mishra,  S/O: Sri Manoj Kumar Mishra,  At: Brahmin Street,

 Dist.Rayagada, State:  Odisha. Cell No. 9437775219.                      …….Complainant

Vrs.

1.The  President,  Chinmaya Vidyalaya Manging Committee, At/Po: Therubali, Dist: Rayagada

2.The  Principal, Chinmaya Vidyalaya,  At/Po: Therubali, Dist: Rayagada.    .…..Opp.Parties

Counsel for the parties:                         

For the complainant: - Self.

For the O.Ps :- Set exparte.

                                J u d g e m e n t.

     The  present disputes emerges out of the grievances raised by the  complaint petition filed by

the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for

non refund of  fees amount a sum of Rs.14,030/- towards +2 Science course due to  non

continuation  of  above course  since the complainant intend to prosecute  Diploma course in

some other  institution. The brief facts of the case  are  summarised here under.

                

         That the O.P was maintaining an Educational institute one at Therubali. The  complainant  was admitted in O.Ps Educational institute on Dt. 16.6.2016 for prosecuting +2 Scheicne course . . The  complainant had deposited Rs.14,030/-  towards  fees on Dt. 16.6.2016 and   obtained  money receipt.. But  the complainant  had not continue his studies and intend to prosecute Diploma Course in some other institution. So the complainant  had requested to the O.Ps to return original certificates and fees deposited by him  Inspite of several contact from pillar to post the O.Ps paid deaf ear  and has  not responded nor complied the same.  Hence this case. The complainant prays the forum direct the O.Ps  to refund Rs. 14,030/-  inter alia  to pay compensation and  litigation expenses and such other relief as the hon’ble forum deems fit and proper  for the best interest of justice. 

On being noticed Sri  M.M.Padhi and associates appeared before the forum and filed Vakalatnama and took adjournments.  There after the  O.Ps neither entering in to appear before the forum nor filed their  written version inspite of more than  19 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 2 years  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

          We therefore constrained to  proceed to dispose of the case, on its merit.  Heard from the complainant.   We perused the complaint petition and the document filed by the complainant.

                                                Findings.

During the course of exparte hearing  the complainant  annexed  certain documents such as the deposit receipt  at  IOB Bank,  Therubali  in the account of the Chinmaya Vidyalaya, Therubali  a sum of Rs.14,030/- on Dt.16.6.2016  bearing  account No. 031801000001303 (copies of the bank scroll filed in this forum which is marked as Annexure-I ).  

On perusal of the complaint  this forum found the O.Ps made mischief’s and  play with career   of the complainant which is unfair trade practice on the part of the O.Ps.

After carefully examining the evidence on record, we find no cogent reason  to disbelieve or discard the evidence already adduced by the complainant. The documentary evidence  tendered by the complainant clearly tends support and absolute corroboration   to  the evidence.  

In absence of any rebuttal materials from the side  of   O.Ps  there is no reason to disbelieve the evidence put forth  by the  complainant  before the forum  whose evidence  suffers from no infirmity. The evidence adduced by the complainant  clearly leads us to arrive at a just conclusion that there is not only deficiency  in service  but also negligence  on the part of the O.Ps in non refunding the fees  which was received by the O.P. without any service  as per the  provisions laid down under section 14 of the  C.P. Act.

On careful analysis   of the evidence on record both oral and documentary, we are clearly of the opinion  that  inspite of doing the needful, the O.Ps are failed to redress the grievances of the complaint which amounts to  deficiency in service  as a result the complainant was constrained  to file this complaint before the forum claiming the relief as sought for.  In that view  of the matter the O.Ps  jointly and severally liable.

Forum observed   after receipt of the grievances, no action has been taken by the said O.Ps in ensuring refund of deposited fees  as alleged. Not responding to the grievance of a genuine consumer amounts to deficiency in service.

                        It is held and  reported  in C.P.R-2009(1) page No.269 the hon’ble  State Commission, Andhra Pradesh where in observed “Where  complainant having chosen to take admission in another college demanded his money deposited  by way of refund, it was deficiency in service on part of the O.P. in not refunding  the  amount”.

                        Further it is held  and reported in C.P.R-2009(1) page No. 340 the hon’ble State Commission, Chennai where in observed “Denial of refund of tution fees to a student who withdraw from admission without joining the  class  amounts to  unfair trade practice and deficiency in service”.

                        Again  it is held and  reported in C.P.R. 2006(2) page No.97 the Hon’ble State Commission, New Delhi where in observed  “ No educational institution, centre, or university can forfeit the amount received  by it  at  the time of admission in case it has not provided the  service  for which consideration was meant”.

            Further  it is held and reported  in C.P.R.2006(2) page No. 357 the Hon’ble State Commission,Pondichecy where in observed “Where a student withdraws  admission  from institution full amount of fee has to be refunded”.

            Basing on the  above citations of the  Hon’ble Commission  this forum allowed this case in part.

Hence to meet  the  ends  of  justice,  the following   order is  passed.

                                                           

                                                                        ORDER.

            In  resultant  the complaint petition stands allowed in part  on exparte against  the O.Ps.

            The O.P. is  ordered to refund fees  amount a sum of  Rs.14,030/-  to the complainant  inter alia to pay Rs.1,000/- towards compensation for mental agony, unfair trade practice and  litigation expenses.

                We therefore issued a “Cease and Desist” order against the O.P. directing  him to stop such a practice  forthwith and not to repeat in future. 

The O.Ps are  ordered to comply the above direction within one month from the date of  receipt of this order.  Service the copies of the order to the parties on free of cost.

Dictated and corrected by me.            Pronounced on this       22nd     .    day of   October, 2018.

 

MEMBER.                                            MEMBER.                                                        PRESIDENT