Date of filing : 19-01-2011
Date of order : 08-04-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 13/2011
Dated this, the 8th day of April 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Rajesh.C.V.,
C.V. House, Near Railway Station, } Complainant
Kanhangad, Pin: 671315.
(In Person)
Proprietor, } Opposite party
Kairali Motor Driving School,
T.B.Road, Kanhangad. 671315
(Adv.P.Narayanan, Kanhangad)
O R D E R
SMT.P.RAMADEVI, MEMBER
This complaint is filed by Mr. Rajesh alleging deficiency in service on opposite party.
The complaint in brief is that the complainant approached the opposite party, who is the Proprietor of Kairali Driving School for learning driving of two wheelers. The opposite party admitted him to their driving school and agreed to make him competent for attending the two wheeler test which will held on14-01-2011. The opposite party agreed to train the complainant on two whole day time of Sundays. . The opposite party collected `2000/-. But opposite party failed to train him. The opposite party had only give half an hour learning. The complainant approached the opposite party many times but the opposite party failed to train him. The complainant attended the test and failed. Hence the complaint is filed for necessary relief?
2. The opposite party duly served the notice and appeared through his counsel and filed the version.
The opposite party denied the allegations made against him by the complainant. The opposite party submits that he is not the Proprietor of Kairali Driving School. He never agreed the complainant to give classes for two wheelers and has not collected the amount of `2000/-. He further submits that as per the request of Ganesh Driving School the opposite party agreed to give two classes to the complainant in two wheeler driving. But due to lack of cycle balance complainant could not able to drive two wheeler. The complainant has voluntarily cancelled his request for licence of two wheeler vehicle. There is no deficiency in service on their part and the complaint is liable to be dismissed.
3. The complainant is examined as PW1 and Ext.A1 marked. He faced cross-examination by the counsel for opposite party. Opposite party did not adduce any evidence.
4. After considering the evidence of PW1 and going through the version filed by opposite party the following points raised for consideration
1) Whether there is any deficiency in service on the part of the opposite party?
2) If so, what is the relief as to costs and compensation?
5. The opposite party denied the direct connection with the complainant and receipt of `2000/- from the complainant. But Ext.A1 shows that the complainant paid `2000/- to the opposite party directly. The opposite party has no case thatExt.A1 is a concocted document. As per the version filed by the opposite party it is contended that due to lack of cycle balance complainant was not able to learn the two wheeler driving. That itself means that the opposite party has not accorded proper classes to the complainant. Considering all the facts and circumstances of the case we are of the opinion that after receiving the entire fee in advance the opposite party failed to give necessary service to the complainant. Hence there is deficiency in service on the part of the opposite party. The complainant deposed before the Forum that he got two classes consisting of half an hour each. Hence the complainant is liable to pay fee for that. We fix `500/- as fee for that class. After deducting that amount i.e. an amount of `500/- for two classes the balance of `1500/- is liable to be refunded to the complainant.
Therefore the complaint is allowed and the opposite party is directed to refund `1500/- which the opposite party already received from the complainant after deducting `500/- and pay a compensation of `1000/- for the hardships suffered by him. There is no order as to costs. The time for compliance of the order is 30 days from the date of receipt of the copy of the order. Failing which `1500/- will carry interest 12% from the date of complaint till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Ext.
A1. Receipt issued by opposite party amounting `2000/-
PW1. Rajesh.C.V.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
