Kerala

Kollam

CC/08/237

Ajithkumar, S/o. Vijayan, Vijaya Vilasom, Villimangalam, Munrothuruthu.P.O., Kollam - Complainant(s)

Versus

Principal, K.G.M.M.I.T.C. - Opp.Party(s)

31 Jul 2009

ORDER


C.D.R.F. KOLLAM : CIVIL STATION - 691013
CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
consumer case(CC) No. CC/08/237

Ajithkumar, S/o. Vijayan, Vijaya Vilasom, Villimangalam, Munrothuruthu.P.O., Kollam
...........Appellant(s)

Vs.

Principal, K.G.M.M.I.T.C.
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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SRI.R. VIJAYAKUMAR, MEMBER.

 

            The Complaint is filed for refund of Rs.3025/- along with an interest at the rate of 18% and compensation and cost.

 

          The averments in the complaint can be briefly summarized as follows:

 

          The complainant applied for NCVT Electrician course conducted by the opp.party’s institution.  He has passed in the interview.  The opp.parties received Rs.3025/- as building construction fee ,caution deposit and Library fee.   The complainant has got admission in X-ray welding course in another institution.   The complainant informed that matter to the opp.party and demand for refund of deposited amount.   The opp.party replied that the records of the complainant were sent to their head office and it can be given back only after 6 months.   Evenafter the period  of 6 months opp.party has not paid back the deposited amount.   The complainant sent an Advocate notice on 22.2.2007 but it was not received by the opp.party.   The complainant sustained loss of Rs.3025/- .   The act of opp.party amounts to deficiency in service.  Hence the complaint is filed for getting compensation and cost.

 

          Sufficient opportunities were given to the opp.parties but failed to file his version or adduce any evidence.

The points that would arise for consideration are:

1.     Whether there is any deficiency in service on the part of opp.party

2.     Compensation and cost.

 

The complainant filed affidavit.  PW.1 examined.  Exts P1 to P5 were marked.

 

Points 1 and 2

 

Exts. P1 is the receipt for the payment of Rs.3025/- by the complainant.  P2 is Advocate notice dated 22.2.2008.  P3 is the Postal receipt.  P4 is the acknowledgement card and P5 is the receipt for payment of monthly fee in  IIWT Institute of welding technology.

 

As the  opp.party failed to file version and to adduce any evidence we are constrained to relay upon the evidence adduced by the complainant.   As the opp.party did not cross examined the complainant the evidence adduced by the complainant stands unimpeached.

 

In the result the complaint is allowed directing the opp.party to refund the deposited amount Rs.3025/- along with an interest at the rate of 9% per annum from the date of  deposit till the date of payment and to pay Rs.1000/- as compensation and cost.

 

The order is to be complied with within one month of the date of receipt of this order.

 

            Dated this the 31st day of July, 2009.

 

                                                           

I N D E X

P1. – Fee receipt

P2. – Advocate notice

P3.-  Postal receipt

P4. – Certificate of posting

P5. – Monthly fees receipt