Complaint filed on: 01.07.2016

Complaint Disposed on:04.02.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.

COMPLAINT NO.74/2016

DATED THIS THE 4^th DAY OF FEBRUARY 2017

:PRESENT:

HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT

HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER

HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER

COMPLAINANT:

Sri.Sudheer Kumar P,

S/o G.T Puttegowda,

F/o Eshwar S Gowda,

Aged about 43 years,

R/o Radeya, behind coffee day,

Jayanagar, Chikmagalur.

(By Sri/Smt. M.R Yathiraj, Advocate)

V/s

OPPONENTS:

Principal,

(Higher Primary School)

Amber Valley Residential School,

K.M Road, Chikmagalur.

(OP -Exparte)

By Hon’ble Member Smt.H Manjula,

:O R D E R:

The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP alleging deficiency in service. Hence, prays for direction against OP to refund caution deposit and to issue transfer certificate along with compensation for deficiency in service.

2.     The brief facts of the complaint is that:

The complainant’s son studied 7^th standard in the Op school in the year 2014-15, the complainant approached the Op for the transfer certificate to join his son to St. Mary’s School for 8^th standard in the year 2015-16, but the Op is postponing to give transfer certificate which is very necessary document for admission in the new school, without any valid reasons op is postponing to give transfer certificate to the complainant, so son of the complainant is suffering to continued his further education and complainant paid the caution deposit of Rs.20,000/-. Hence, the complainant prays for transfer certificate and to refund caution deposit amount along with compensation for deficiency in service.

The complainant also issued legal notice and called upon the op to give the transfer certificate, but in spite of receipt of the said legal notice, Op not responded to the notice and not issued T/C, hence, the complainant filed this complaint alleging deficiency in service.

3. After service of notice Op not appeared before this forum to give answer in this regard, hence, Op placed exparte.

4. The complainant filed affidavit and marked the documents as Ex.P1 to P5.

5.  Heard the arguments:

6.  In the proceedings, the following points do arise for our consideration and decision:

1. Whether there is deficiency in service in not issuing the Transfer Certificate  to the complainant?
2. Whether complainant entitled for any relief & what Order?

7.     Our findings on the above points are as follows:-

1. Point No.1: Affirmative.  
2. Point No.2: As per Order below. 

: R E A S O N S :

POINT NOs. 1 & 2:

8. The complainant filed this complaint alleging deficiency in service against Op. The complainant filed affidavit with documents. On perusal of the documents we noticed that as per Ex.P.3 complainant paid fees amount and Ex.P.2 shows that complainant filed a complaint to the concerned department for non-issuance of transfer certificate but even after the complaint problem was not solved. So he issued a legal notice to Op marked as Ex.P.4, when he called upon to give the transfer certificate. But Op is not responded to the said notice. Hence filed this complaint alleging deficiency in service and complainant prays for direction against Op to give transfer certificate and caution deposit amount along with compensation for deficiency in service.

        After issuance of the notice Op not appeared before this forum to answer the allegation made by the complainant. So we placed exparte, we consider Op is rendered deficiency in service in not issuing T/C as demanded by complainant and it is the duty of the Op to issue T/C whenever the students required, as such Op is liable to pay compensation of Rs.2,000/- to the complainant for deficiency in service. Further we observed that complainant sworn that he paid caution deposit of Rs.20,000/- but he has not produced any material/documents to show he paid Rs.20,000/- as  caution deposit to Op, separately Ex.P.3 does not disclose that complainant paid caution deposit, it only indicates fee for admission. Hence, in the absence of material to show complainant paid caution deposit he is not entitled to receive this sworn, as such the prayer for refund of Rs.20,000/- is rejected and Op is only liable to issue T.C to complainant along with compensation of Rs.2,000/- for deficiency in service and Rs.2,000/- litigation expenses, as such for the above said reasons we answer point no.1 and 2 in the affirmative for the following:

: O R D E R :

1. Complaint is partly allowed.
2. The Op is directed to issue Transfer Certificate within 15 days from the date of receipt of this order and also directed to Op to pay compensation of Rs.2,000/- along with litigation expenses of Rs.2,000/- within above said period, failing which 9% interest will be charged till realization.
3. Send free copies of this order to both the parties.

(Dictated to the Stenographer transcribed typed by him, transcript corrected by me and then pronounced in Open Court on this the 4^th day of February 2017).

                                 (RAVISHANKAR)

                                      President

(B.U.GEETHA)                                         (H. MANJULA) 

     Member                                                    Member   

ANNEXURES

Documents produced on behalf of the complainant:

Ex. P1               -           Copy of the mail dt:08.07.15 sent by Op to complainant

Ex.P2                -           Letter dt:17.12.15 issued by complainant.

Ex.P3                -           11 copies of counter challan to obtaining D.D towards admission

Ex.P4                -           Office copy of the legal notice

Ex.P5                -           Postal acknowledgment

Documents produced on behalf of the OPs:

NIL

Dated:04.02.2017                          Member 

                                            District Consumer Forum,

                                                  Chikmagalur.            

RMA