BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.136/2017

DATED ON THIS THE 4^th August 2017

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                            B.E., LLB., PGDCLP,    - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to the opposite party to pay Rs.1,32,000/- with interest, compensation of Rs.25,000/- and litigation expenses of Rs.10,000/-.   
2.     The brief facts alleged in the complaint are that the complainant is permanent resident of Mandya city having two daughters by name Isha Mourya.B.K. and Varsha Mourya.B.K. Till 2015-16 the said daughters are perusing their education at Sadvidhya Education Trust. To provide better education during 2016-17 the complainant has approached the opposite party for admission to the 4^th standard and for LKG respectively to his daughters and he deposited both daughters sum of Rs.66,000/- for each daughter.  Thereby he has remitted Rs.1,32,000/- on 28.3.2016.  Later, the wife of complainant did not agree to shift family from Mandya to Mysuru since they are residing in their newly constructed house.  Thereby, the complainant was not able to admit the children at opposite party school at Mysuru.  On the other hand, he has admitted the children at Sadvidhya Education trust and thereafter the complainant has approached the opposite party for refund of the fee.  But, the opposite party dodged the matter and wasted the time without any reason and at last, they failed to pay the amount.  Hence, the legal notice was issued, then this complaint is filed.
3.     In spite of service of notice, opposite party absent, placed exparte. Then this matter is set down for complainant’s evidence. During evidence, the complainant has filed his affidavit evidence and relied on the documents.  Further evidence closed.  After hearing arguments, this matter is set down for orders.  
4.     The points arose for our consideration are:-

1. Whether the complainant is entitled for the relief claimed?
2. To What order?

5.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

6.    Point No.1:- To establish that the complainant has admitted his children to the opposite party school, he has produced two receipts for having remitted Rs.66,000/- for each daughter, the date of payment is 28.03.2016 as per the receipts issued by opposite party school.  Thereafter, the complainant did not continue the education of his children at the opposite party school since his wife did not agree to shift the family to Mysuru since they have occupied newly constructed house and she became home sick. In view of the above reasons, the complainant has sought for refund of the admission fee relating to both the children, but the opposite party did not responded to the same, since the both daughters have not attended even a day to the opposite party school.  On the other hand, both children continuing their studies at Sadvidhya Education Trust at Mandya only.  Thereby, the amount collected by the opposite party towards admission fee of each child of the complainant ought to have been repaid by opposite party.  Instead, the opposite party did not reply the legal notice, nor refund the admission fee paid by the complainant.  Thereby, this forum finds that the opposite party is liable to refund the admission of Rs.66,000/- +  Rs.66,000/- to each daughter paid by the complainant and also to pay compensation and litigation expenses to the complainant.   Hence, Point No.1 is answered partly in the affirmative.
7.  Point No.2:- In view of the findings recorded on point No.1, opposite party is liable to refund total sum of Rs.1,32,000/-, and to pay compensation of Rs.5,000/- and litigation expenses of Rs.2,000/- to the complainant.   Hence, we pass the following order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to refund total sum of Rs.1,32,000/- and to also to pay compensation of Rs.5,000/- with litigation expenses of Rs.2,000/- to the complainant within 45 days from the date of this order, failing which the said total sum of Rs.1,39,000/- shall carry interest at 12% p.a. from the date of complaint i.e. 05.05.2017 till payment.
3.  In case of default to comply this order, the opposite party to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
4. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 4^th August 2017)