R.VIJAYAKUMAR, MEMBER.
This is a complaint filed Under Section 12 of the Consumer Protection Act. The complaint is filed for getting refund of Rs.50, 000/- which was remitted by the complainants towards advance fee for the admission of second complainant in the opposite party’ institution and for compensation and cost.
The complainant’s case is that the opposite parties committed deficiency in service after receiving advance amount Rs.50,000/- for admission in Mechanical Engineering seat in the opposite party’s institution. The first complainant along with second complainant remitted Rs.50,000/- as advance payment on believing the assurance given by the fourth and fifth opposite parties that admission in Mechanical Engineering seat will be confirmed in the first opposite party’s institution.
(3)
It is agreed by the parties that the balance payment would be made on or before 15/06/2010. Later on the complainants had got reliable information that the opposite party’s institution had not obtained affiliation from the University and AICTE with respect of the branch of Mechanical Engineering. The complainant contacted the opposite parties and they have informed that the affiliation and approval will be received and directed the complainant to pay balance fee. The complainants were reluctant to pay the balance as there is no affiliation for Mechanical branch of Engineering. No further information regarding the affiliation and approval was given to the complainant. The complainants came to know that the opposite party’s institution is a fake institution and hence requested for refund of the deposited amount of Rs.50,000/-. The opposite parties called the complainants to Banglore and offered seat in another branch of Engineering. But the complainants refused that offer. The opposite parties were not willing to refund the deposited amount Rs.50,000/-. Even though the complainants directly and through mediators approached the opposite parties, they were reluctant to refund the said amount. Hence the complainants filed this complaint praying for refund of Rs.50,000/- along with interest @ 12% compensation for damages Rs.50,000/- and cost.
Even though sufficient opportunity has been given, the opposite parties remained absent. Hence set exparte. The complainant filed affidavit. PW1 examined. Ext.P1 marked. Heard the complainant.
The points that would arise for consideration are:
1. Whether there is any deficiency in service from the part of opposite
Party?
2. Compensation and Cost.
Points (1) and (2)
As the opposite parties remained absent, we are constrained to rely only upon the evidence adduced by the complainant. We have carefully gone through the complaint, affidavit and the document produced by the complainant. Ext.P1, provisional seat confirmation clearly shows that Rs.50,000/- was received by the opposite parties on 09/06/2010 towards
(4)
admission fee in favour of the second complainant for the academic year 2010-2011 and the balance amount is proposed to pay on 15/06/2010. Admission in the branch of Mechanical Engineering was not granted to the second complainant. On perusal of the complaint, affidavit and Ext.P1 we find that there is deficiency in service from the part of opposite parties. The points found accordingly.
In the result, the complaint is allowed. The opposite parties are directed to refund of Rs.50, 000/-to the complainants along with the interest at the rate of 9% from 15/06/2010 till the date of payment. The opposite parties are further directed to pay compensation for damages Rs.15000/- and cost Rs.1500/-.
The order is to be complied with within one month of the date of receipt of the order.
Dated this the 30th day of November 2011
G.Vasanthakumari :Sd/-
R.Vijayakumar :Sd/-
I N D E X
List of witness for complainant
PW1 - Shahudeen
PW2 - Abdul Muthalif
List of documents for complainant
P1 - Provisional Seat Confirmation receipt
