O R D E R<br /> Sri. Santhosh Kesavanath P., President.<br /> Case of the petitioner's is as follows:<br /> Petitioner was admitted in the opposite parties Engineering College at Pathanamthitta. According to the petitioner at the time of admission she had remitted an amount of Rs. 59217/- towards admission fee, hostel development fee, hostel rent, utility charge etc. Later petitioner applied for a transfer to Pala College and she got admission there as per her requests on 27..11..2007. After the transfer she applied for T.C along with refund of the fees and caution deposit remitted by her to the opposite party. The opposite party assured that the payment will be done after cross checking the fact of transfer with the commissioner for the examination. The petition states that as per her request the commissioner of entrance examination directed the opposite party to issue T.C and return the original certificate along with fees collected from her. Since the opposite party neglected the demands of the petitioner on 8..2..2008, petitioner<br /> <br /> -2-<br /> issued a lawyers notice claiming an amount of Rs. 59217/- but opposite party has not heed to the demands of the petitioner. So the petitioner prays for directing the opposite party to repay Rs. 59217/- with interest at the rate of 12% from 8..2..2007 till the date of realisation. The petitioner also claims cost and compensation in the tune of Rs. 5000/-.<br /> The opposite party has not entered appearance or filed any version even after receipt of notice from this Forum so the opposite party is set ex-parte.<br /> Points for determination are:<br /> i) Whether there is deeficiency in service on the part of the opposite party?<br /> ii) Reliefs and costs.<br /> Evidence in this case consists of affidavit filed by the petitioneer and Ext. A1 to A5 documents on the side of the petitioner.<br /> Point No. 1<br /> The petitioner produced a copy of the letter issued by the commissioner for entrance examination to the opposite party. The said letter is marked as Ext. A1. From Ext. A1 it can be seen that the commissioner for entrance examination has requested the opposite party to refund the amount collected from the petitioner. Petitioner has also produced application form submitted by the petitioner to the opposite party on 27..11..2007. The said document produced is marked as Ext. A2. In Ext. A2 application the principal himself has endorsed that payment will be made after cross checking with commission for entrance examination , Trivandrum. Petitioner has also produced a copy of a lawyers notice issued to the opposite party dtd: 8..2..2008 the said document as marked as Ext. A4. From A4 it can be seen that petitioner had demanded refund of the <br /> <br /> -3-<br /> amount. Petitioner has also produced certain bills which were marked as Ext. A3 series documents. From Ext. A3 series documents it can be seen that the petitioner altogether remitted an amount of Rs. 59217/-. The act of the opposite party in with helding the remitted amounts even after demand is a clear deficiency of service so the opposite parties are held liable for that. The case of the petitioner is proved by the affidavit filed by the petitioner and Ext. A1 to A8 documents. So point No. 1 is found accordingly.<br /> Point No. 2<br /> In view of findings in point No. 1, petition is to be allowed and petitioner is entitled for the reliefs ought for.<br /> In the result the opposite party is ordered to pay the petitioner an amount of Rs. 59217/- along with 12% interest per annum from 8..10..2007 till realisation. The opposite party is also ordered to pay Rs. 1000/- as cost of proceedings. Since interest is allowed no compensation is ordered. The opposite party shall comply the order with within 30 days of receipt of this order.<br /> Dictated by me transcribed by the Confidential Assistant, corrected by me and Pronounced in the Open Forum on this the 30th day of June, 2008.