BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 21^st day of March 2017

Filed on : 08.09.2016

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC. No. 526/2016

Between

O R D E R

Smt.V.K. Beenakumari, Member.

1. A brief statement of facts of this case is as follows:

   The complainant Smt. Leena Sunny has filed this complaint alleging deficiency in service and unfair trade practice on the side of the opposite party- RR Career Coaching Centre. The complainant's son Sri.Antony Bright, a student in the 9^th standard in R.V. INS after paying Rs. 20,500/- joined the opposite party's Institute on 20.12.2014 to undergo IIT Entrance Coaching. He was allowed Rs.25,000/- towards scholarship amount. The complaint raised against the opposite party is that the complainant's son was imparted classes not even for a single day. The opposite party did not also supply the IIT study materials to the complainant's son. The opposite party demanded an additional amount of Rs. 13,000/- to get the normal classes in the 9^th standard. The complainant was not ready to pay the above amount. But she was ready to pay a further amount of Rs.3,000/- which was not acceptable to the opposite party. Hence the complainant filed this complaint.

2. Notice issued to the opposite parties were not responded. Hence this complaint is disposed ex-parte.

3. Exbt.A1 is the fee card No.1451 showing payments of Rs.20,500/- to the opposite party. The case of the complainant is that no classes were taken despite payment of fees of Rs.20,500/- to the opposite party. Therefore, there is deficiency in service on the part of the opposite party. The

   complainant sufficiently proved her case by filing Ex-parte proof affidavit and Exbt. A1 fee card showing payment of fees. We find no reason to discard the sworn statement of the complainant in the absence of contrary evidence.

4. When the complainant's son approached the opposite party to attend the class on 24.07.2016, he was not permitted to do so and he was expelled from the class. The above act of the opposite party inflicted severe mental agony to both the complainant's son and to the complainant. We find that the opposite party is liable to pay compensation for the mental agony caused to complainant and to her son. We fix the compensation amount at Rs.2,000/-. The complainant has spent her time and money to contest this case. Therefore, she is entitled to get costs of the proceedings which we fix at Rs.1,000/-.

5. In the result, the complaint is allowed and we direct as follows.

1. 1. 1. The opposite party shall refund the fee of Rs.20,500/- paid by the
         complainant.

         2. The opposite party shall pay Rs.2,000/- towards compensation for the mental agony suffered by the complainant.

         3. The opposite parties shall also pay an amount of Rs.1,000/- towards costs of the proceedings.

The above order shall be complied, within a period of 30 days from the date of receipt of a copy of this order, failing which the above amounts except costs will carry interest at the rate of 12% p.a. from the 31^st day of the receipt of this order till realisation.

Sd/- Cherian K. Kuriakose, President Sd/- Sheen Jose, Member.

Forwarded/By Order

Senior Superintendent.

Date of Despatch of this Order ::

1. 1. Pronounced in the open Forum on this the 21^st day of March 2017.

      1. 1. 1. Sd/-Beena Kumari, V.K., Member

By Hand ::

1. 1. By Post ::

APPENDIX

Complainants Exhibits

Opposite party's Exhibits. : Nil

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