CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.

Present

Sri. Santhosh Kesavanath P. President

Smt. Bindhu M. Thomas, Member

 

CC No.219/10

Tuesday the 11^th day of January, 2011.

 

Petitioner                                              : Susan Abraham,

                                                               Namkulam House,

                                                               Kurumbanadom PO,

                                                               Changanacherry.

                                                             (Adv.Manish Jose)

 

                                                           Vs.

 

Opposite parties                                   : The Principal,

                                                             Rev. Fr. Shaji @ Zachariah,

                                                             Kochillathu House,

                                                             St. Mary’s College,

                                                             Kurichy PO, Kurichy.

                                                             (Adv.Binson Issac&Shiby Alex)

 

 

Smt. Bindhu. M. Thomas, Member.

 

            The complainant’s case is as follows:

 

            The complainant had joined her son for B.Com Degree course conducted by the  opposite party who is the Principal of College with name and style “St.Mary’s College Kurichy” on 14/6/2010. The complainant paid an amount of Rs. 2000/- towards admission fee and all the certificates where submitted before the opposite party at the time of admission. The complainant strictly demanded receipt for the above mentioned amount but no receipt was issued regarding the same. The complainant’s son got admission in P.G.M. College, Kangazha which is a regular college for B.Com and for joining in this college the complainant’s son approached the opposite party on 22/6/2010 and demanded the certificates back. At that time the opposite party took an adamant stand for obtaining Rs. 2,500/- as tuition fees in addition to the amount of Rs.2000/- which was already paid.   More over the opposite party had not given the original certificates back. According to the complainant the demand of tuition fees from the complainant’s son who has not studied in the opposite party institution for a single day is against law and is illegal. Due to the adamant attitude of the opposite party and shortage of money the complainant’s son returned without obtaining the certificates. On 28/6/2010 the complainant herself approached the opposite party for obtaining the original certificates. Without hearing the request of the complainant the opposite party illegally collected an amount of Rs.2,500/- as tuition fee for the 1^st year B.Com Degree course. Further the opposite party strictly obtained a written application stating that the certificates were returned for employment purpose or for joining any other course outside Kerala. The opposite party behaved in a rough and indecent manner when the complainant asked for the receipt of the amount which was collected by them. The complainant alleged that the collection of tuition fees from her son who has not studied in the opposite party’s institution is a clear case of unfair trade practice. Hence the complainant filed this complaint claiming the return of Rs.4,500/-, compensation

Rs. 10,000/- and litigation cost Rs.3,000/-.

            The opposite party entered appearance but failed to file version even after so many postings. So the opposite party was set expartee.

Points for consideration:

i)                    Whether there is any deficiency in service or unfair trade practice on the part of opposite party?

ii)                   Reliefs and costs?

Evidence consists of affidavit filed by the complainant and Exts.A1 to A4.

            Heard the complainant and perused the documents placed on records. The complainant averred that she joined her son in the opposite party’s institution for B.Com Degree course on payment Rs.2,000/-. The complainant further averred that her son got admission in a regular College and therefore he demanded the original certificates back. It was next averred by the complainant that the opposite party hast not given the original certificates but insisted for the payment of another Rs.2,500/- for getting certificates back. The complainant alleged that the act of opposite party in not returning the original certificates and demanding the tuition fee for the 1^st year B.Com Degree course from a student who has not even attended a single class is a clear case of unfair trade practice. As the complainant chose not to contest the allegations and averments against the opposite party remain unchallenged.  Evidencing the payments made by the complainant she produced the original receipt dated 28/6/10 for Rs.4,500/- and it is marked as Ext.A1. The copy of Advocate’s notice dated 7/7/10 issued by the complainant demanding the refund of the amount collected by the opposite party is also produced and marked as Ext.A2. The complainant produced the postal receipt and the acknowledgement card evidencing the receipt of Ext.A2 advocate’s notice and they are marked as Ext.A3 and A4 respectively. In our view the act of opposite party in retaining the original certificates and thus playing with the carrier of a student is unjust and unfair. We also find that the act of opposite party in collecting the tuition fee for the 1^st year B.Com Degree course from a student who has not attended a single class in the opposite party’s institution is a clear case of unfair trade practice. Nothing is placed on record by the opposite party to prove the loss sustained to them due to the withdrawal of the complainant from the said course. So we are of the opinion that the opposite party is liable to compensate the mental agony, tension and the monetary loss suffered by the complainant. Point no.1 is found accordingly.

            In view of the findings in point no.1 the complaint is allowed.

            The opposite party will refund Rs.4,500/- along with a compensation of Rs.2,000/- and litigation cost Rs.500/- to the complainant.

            This order will be complied with within one month of receipt of the order failing which the above mentioned amounts will carry interest @ 9% per annum from the date of order till realization.

Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 11^th day of January, 2011

Smt. Bindhu M. Thomas, Member                    Sd/                  

Sri. Santhosh Kesavanath P. President Sd/-

           

Ext.A1-Original receipt for Rs.4,500/-

Ext.A2-Copy of Advocate’s notice

Ext.A3-Original A.D.Card

Ext.A4-Original postal receipt

Nil

 

By Order,

 

Senior Superintendent.