CONSUMER DISPUTES REDRESSAL FORUM,PALAKKAD
Dated this the 30th May, 2016
PRESENT : SMT. SHINY.P.R, PRESIDENT
: SMT. SUMA. K.P, MEMBER
: SRI. V.P.ANANTHA NARAYANAN, MEMBER
Date of filing : 15/12/2015
CC /46/2015
Preedhath,
S/o.Chandran,
Palaykal Veedu, Kizhakkumpuram, : Complainant
Mannur, Palakkad
(By Adv.T.V.Shaik Abdulla)
Vs
Proprietor, : Opposite party
Saga Institute of Management Studies,
Pushpas Archives, Opp.KSEB,
Olavakkode, Palakkad.
(By Adv.V.B.Bhrigu)
O R D E R
By Smt. Suma. K.P, Member,
Pursuing the advertisement given by the opposite party in newspapers regarding the degree from Tamilnadu Open University, complainant joint in the opposite party institution and had paid all the fees for obtaining BA History degree from Tamilnadu Open University. The complainant states that, the fees was paid for study materials cost, registration, course fee and exam fee etc. to the opposite party institution. But the opposite party did not provide proper coaching to the complainant. He had only provided study material and registration process in Tamilnadu Open University. However complainant studied by himself and passed the first year BA examination for the purpose of appearing the 2nd year examination, complainant paid exam fee to the opposite party institution for remitting to Tamilnadu Open University. The complainant was waiting for the hall ticket for the 2nd year examination, but the same was not received from the Tamilnadu Open University. On enquiry he realized that the opposite party failed to remit his exam fee to the university. The opposite party further informed the complainant, that he shall pay the 2nd year exam fee in the next year for appearing in the examination. Complainant alleges that the opposite party acted in a irresponsible manner and cheated the complainant by not providing any coaching and without paying 2nd year exam fee to the university which was entrusted by him. This amounts to deficiency of service on the part of opposite party. Complainant had issued a lawyer notice on 30/1/2015 to the opposite party demanding compensation of Rs.1 lakh but the opposite party had neither sent any reply nor paid the amount. Hence the complainant had approached before this forum seeking an order directing the opposite party to pay an amount of Rs.1,00,000/- as compensation and also to provide assistance to the complainant for completing the course.
The notice was issued to the opposite party for appearance. Opposite party entered appearance and filed version contending the following.
Opposite party admits that complainant had joined the opposite party institution for BA History but they deny the contention of the complainant that he had paid all the fees properly. He had not paid the fees for the course fee during the 2nd year. He had paid only Rs.1,900/- instead of Rs.4,500/- towards the tuition fee. On verification of accounts it was found that complainant had not paid the required fees. Hence the opposite party was not in a position to remit the examination fee to the University. After the notification of the examination date by the university several reminders were send to the complainant to remit the balance fee. But the complainant never turned up. Contact classes were conducted at Malappuram district wherein the Head office of the opposite party is situated on every Sunday from 10 am to 5 p.m. Every student registered under any branch of the opposite party can attend it and there is no separate classes for each branch. Study material were also supplied by the opposite party. There is no deficiency of service from the part of the opposite party. Hence the complaint has to be dismissed.
Complainant filed proof affidavit. Opposite party also filed their affidavit along with documents. Complainant filed application seeking permission to cross examine opposite party. Application was allowed. Opposite party was cross examined as DW1. Ext.A1-A6 was marked from the part of the complainant. Ext. B1-B8 was marked from the part of the opposite party. Evidence was closed. Matter was heard.
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite
party?
2. If so, what is the reliefs and cost?
ISSUES 1 & 2
We had perused affidavits as well as Exhibits produced from both sides. It is admitted fact that complainant was a student of the opposite party institution. During cross examination opposite party admitted that complainant had paid 2nd year examination fee in his institution but the same was not remitted to the university. He had also deposed that complainant had not paid the full course fee for the first year. It is evident from Ext.A1 & A2 document that the complainant had paid Rs.4,800/- towards tuition fee and exam fee which includes the cost of study materials also. Opposite party had also admitted that the complainant had paid Rs.2,000/- as deposit which is evident from Ext.B6. Opposite party admitted in cross examination that if he had remitted the exam fees on time complainant could have appeared for the 2nd year examination. According to the opposite party if a student did not paid the course fee, he would not be allowed to remit the exam fee. In this case also the opposite party has collected examination fee from the complainant. According to the Ext.A3 document complainant had paid Rs.2,500/- including the 2nd year examination fee. From the available evidence it is seen that the complainant had already paid the total course fee of Rs.4,500/- along with the examination fees. Opposite party had further admitted that the complainant did not received the exam hall ticket due to the failure of payment of examination fee which was entrusted by the complainant to the opposite party. In the above circumstances the opposite party would have remitted the exam fee towards the university and would have collected it from the deposit made by the complainant. According to the opposite party as per university rule if a student who has actually paid the exam fee and did not receive the hall ticket for examinations in time he can approach the Chief Superintendent of examination of the centre with proof of remittance and upon enquiry and satisfaction the Chief Superintendent can issue provisional hall ticket and allow the candidate to write examination. In this case the complainant had not remitted the actual examination fee hence he can not claim the right to appear for the examination. Contact classes were conducted at Malappuram district and every student registered under any branch was allowed to attend the same. Since there was outstanding balance fee towards the complainant he was not in a position to appear for the examinations. There is no willful latches or deficiency of service on their part. But we, the forum do not agree with the submission of the opposite party since it is evident that they had collected sufficient amount towards the course fee along with Rs.2,000/- as deposit.
Hence we are of the view that the failure on the part of the opposite party in remitting the exam fee will amount to deficiency of service on their part. Hence the complaint is allowed. The opposite party ought to have informed the complainant well before the exam date if there was any outstanding balance towards their course fees. Even if the opposite party had contented that he had issued several reminders, no such evidence is produced before the Forum. It is the bounden duty of the opposite party to get the hall ticket from the university and to hand over them to concerned students before starting the examinations. It is the duty of the opposite party as they are collecting the fees from the students. Therefore opposite party is liable to pay compensation to the complainant for their negligent acts and the complainant is entitled to get relief from the opposite party. Complainant being an employed person at the age of 42 who has sought for distant education cannot claim compensation for the loss of one academic year.
In the above context we direct the opposite party to pay an amount of Rs.10,000/- (Rupees Ten thousand only) as compensation to the complainant along with Rs.2000/- (Rupees Two thousand only) as cost for the deficiency of service from the part of the opposite party for failure to remit the exam fee on time. The opposite party shall also provide necessary assistance to the complainant for completion of his course. The afore said amount shall be paid within 1 month from the date of receipt of this order failing which the complainant is entitled to get 9% interest for the said amount from the date of order till realization.
Pronounced in the open court on this the 30th day of May, 2016.
Sd/-
Shiny.P.R
President
Sd/- Suma. K.P
Member
Sd/-
V.P. Anantha Narayanan
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1 - Original receipt of Rs.2,500/- dtd.28/05/2013 in the name of complainant.
Ext.A2 - Original receipt of Rs.2,300/- dtd.5/12/2013 in the name of complainant.
Ext.A3 – Student’s copy cash/cheque receipt of Rs.2,500/- dtd.4/12/2014 in the name of complainant.
Ext.A4- Copy of Lawyer notice and original postal receipt dtd.30/01/2015.
Ext.A5- Acknowledgement Card.
Ext.A6- Original Identity card issued by Tamilnadu Open University in the name of complainant.
Exhibits marked on the side of opposite party
Ext.B1-Original student copy chalan receipt dtd.09/09/2014
Ext.B2- Application format for Re-registration for second year/Third year of the programme.
Ext.B3- Examination application format of January 2015 Tamilnadu Open university.
Ext.B4- Examination application format January, 2014 filled by complainant.
Ext.B5- Original chalan receipt dtd.06/12/2013.
Ext.B6-Copy of payment details in the name of complainant.
Ext.B7-Original ISO 9001 2008 Certificate dtd.24/05/2011
Ext.B8- Registration Certificate for Tutorial Institution issued by Palakkad Municipality dtd.25/06/2015(Copy)
Witness marked on the side of complainant
Nil
Witness examined on the side of opposite party
DW1-Suresh
Cost Allowed
Rs.2000/- as cost
