Date of filing : 07-04-2011
Date of order : 26 -09-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.832011
Dated this, the 26th day of September 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
U.K.Abdullakunhi, } Complainant
S/o.Ummer,
Firoz Manzil, Kappil,
Po.Bekal, Kasaragod.671318.
(Adv. K.V.Jayaraj, Hosdurg)
1. Principal, } Opposite parties
College of Pharmacy,
Malik Deenar Charitable Hospital,
Thalangara, Kasaragod.Dt.
2. Usman,
Staff, College of Pharmacy, Malik Deenar
Charitable Hospital, Thalangara,
Kasaragod.
(Adv.T.V. Sathyendran, Kasaragod)
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant Sri.V.K. Abdullakunhi is that he booked a seat in Management Quota for D Pharm Course in opposite parties college for his daughter by paying `20,000/-. But she could not join in the course. The complainant demanded the booking advance of `20,000/-. But the opposite parties were not ready to refund the booking advance. Hence the complaint for necessary relief.
2. According to opposite party No.1, their college is a self financing college. The government sanctioned 60 seats for D Pharm course out of which 30 seats are reserved for government merit and the remaining 30 seats are for the management. In the government quota 15 seats and in Management seat 25 seats were filled. Complainant’s daughter got admission but not joined after admission. It is a huge loss to the institution. Complainant never demanded the return of the booking fee either orally or writing.
3. The complainant filed proof affidavit in support of his case and faced cross examination. On the side of opposite parties Exts B1 to B7 marked. Ext.B1 is the booking receipt and Ext.B2 is the application form of the complainant’s daughter dated 24-05-2010. On that date her marital status was married. The complainant’s daughter Sapna was married at the time of booking the seat. In the complaint, it is stated that after booking the seat she could not join the course as her marriage was over. But she was married at the time giving application itself but after the booking of the seat she remained to abstain from further studies. Version of opposite parties tallies with the documents. In the cross-examination the complainant answered in an evasive manner that the marriage of his daughter was not fixed at the time of booking the seat i.e on 24-05-2010. But the application was given on that date shows that his daughter was married. According to the complainant the marriage of his daughter was in June. In Ext.B1 it is clearly stated that if the above named candidate is not ready to join the said course after once confirmed due to any reason the above mentioned booking fee will not be refunded under any circumstances. And the documents show that the seat is confirmed by the opposite parties. Ext.B7 is the admission register and there are 25 students in 2010-2011 batch for D Pharm course as admitted by the opposite parties. After completing the admission formalities without any reason and without informing the college authorities leaving the course is a loss to the institution. No evidence is brought before the Forum to show that the complainant informed the college authorities that his daughter is not intending to join the course. Hence the non-refund of booking amount will not amount to deficiency in service.
In the result, the complaint is dismissed with no order as to costs.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
B1.24-05-2010 copy of booking receipt.
B2.Photocopy of Application for Admission to D.Pharm Course 2010-2011 of Sapna
B3. Photocopy of prospectus of Diploma in Pharmacy 2010
B4.Phtospectus of Malik Deenar College of Pharmacy.
B5.Application for admission to Tow year D.Pharm Course 2010-2011.
B6. Interview call letter.
B7. Rank list for D.Pharm Admission 2010-2011.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
