By Smt. Bindu. R, President:
This complaint is filed by Aravindan, S/o. Paraman, Aged 48 years, Mathoorkulangara House, Sulthan Bathery, Sulthan Bathery P.O & Village, Sulthan Bathery Taluk, Wayanad District, Pin-673 592 against Smt.Ressy Shajidas, Instructor, Chilanka Natya Kala Kshetram, Sulthan Police Station Road, Sulthan Bathery, Sulthan Bathery Post & Village, Sulthan Bathery Taluk, Wayanad District. Pin-673 592 as alleging deficiency of service and unfair trade practice from the side of the Opposite Party.
2. The case of the Complainant is that his daughter Diya aged 10 years studying in St. Joseph School, Sulthan Bathery had joined in Opposite Party’s institution named Chilanka Natya Kala Kshetram on 02.10.2022 for learning classical dance and Bharathanatyam. Complainant states that Rs.1,000/- was remitted as admission fee on the same day and the monthly fee was Rs.500/- which was being regularly paid. The Opposite Party is the instructor and there were two classes in a week. Even before coaching, the Opposite Party compelled the Complainant for arranging the Arangettam at Mookambika, Karnataka and for which the Complainant was directed to pay an amount of Rs.28,750/- which was paid by the Complainant on 05.07.2023 and also took all the expenses for travelling and accommodation of all members including the Opposite Party and arranged everything by his own effort at Mookambika and the said ceremony was conducted on 07.07.2023. The Complainant states that there was no live music as offered by the Opposite Party but only a song played through Bluetooth. Even though the Complainant continued the coaching since his child was participating for Bharathanatyam on 16.09.2023 in the School Festival. The Complainant states that the Opposite Party demanded Rs.14,000/- for the said event and the Complainant was forced to pay that amount which was paid on 12.08.2023 since the Opposite Party told that, otherwise, she will not teach the child for participating in the Kalolsavam. On 14.09.2023 the Opposite Party again demanded Rs.7,500/- as the cost for dress, make up and other expenses. The Complainant states that when the Complainant told the Opposite Party that the make up will be done by him at his own risk, the Opposite Party was provoked and the Opposite Party did not come to the school on 16.09.2023 for Kalolsavam and did not give the music cassette also. The said incident was intolerable and hence caused mental torture for the Complainant and his child. The Complainant himself had to arrange a casette and done his daughter’s performance in the school on that day. According to the Complainant the mental agony suffered by the Complainant and his child was beyond words and the Complainant was forced to take his child for counselling to recover from the mental state. The act of the Opposite Party is clear deficiency of service from the side of the Opposite Party. Hence the Complainant claiming compensation and other reliefs.
3. The notice issued to the Opposite Party was returned with intimation and the Opposite Party had not cared to appear before the Commission and to file version. Hence the notice sent to the Opposite Party was treated as deemed service and Opposite Party called absent and set exparte.
4. Evidence in this case consists of the chief affidavit filed by the Complainant and Ext.A1 to A3 from the side of the Complainant.
5. The following are the main points to be analysed in this complaint to derive in to an inference of the fact.
- Whether the Complainant had sustained to any deficiency of service or unfair trade practice from the side of the Opposite Party?
- If so the quantum of compensation and other reliefs for which the Complainant is eligible to get?
6. Heard the counsel for the Complainant and perusal the records in detail.
7. The case of the Complainant is that the child of the Complainant who is a
student studying bharathanatyam in the institution of the Opposite Party for which the Complainant had paid consideration on different accounts to the Opposite Party on various dates. While so on 16.09.2023 the Opposite Party had not co operated and turned up on the date of Kalolsavam in which the daughter of Complainant is participating which had resulted in mental agony and thereby caused deficiency of service and unfair trade practice from the side of the Opposite Party. The act of the Opposite Party caused mental agony to both the child and the Complainant. Ext.A1 is the admit card of the child of the Complainant viz Biji Diya in the Natyakalakshethram. Ext.A2 is the copy of google pay receipt with reference to Rs.28,750/- on 05.07.2023 and Ext.A3 is the original copy of notice issued by Advocate to the Opposite Party dated 25.09.2023. The Complainant has not produced any other documents except Ext.A1 to A3 to prove that on 16.09.2023 the Opposite Party had not attended the child for performing in Kalolsavam in the school and there by caused mental agony to the Complainant and the child. Ext.A3 is the alleged notice issued to the Opposite Party. But the receipt for issuance of Ext.A3 notice or acknowledgment showing the receipt of the said notice are not seen produced by the Complainant. Even though the Complainant have a case that his child was forced for counselling to recover from her mental stage, no evidence is produced for the same also.
8. A very thorough consideration of the allegations in the complaint with the available evidences, the Commission finds that the Complainant had not proved his case with any substantiating evidences to the effect that the Opposite Party had committed deficiency of service and unfair trade practice as alleged by the Complainant, and in the absence of material evidences to prove the allegations, Commission came to the inference that the Complainant had failed to prove his case on merit.
Hence Consumer Case dismissed without costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the day of 24th June 2024.
Date of filing:09.01.2024.
PRESIDENT: Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:
PW1. Aravindan. P.M. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the Complainant:
A1. Admit Card.
A2. Copy of Google pay receipt.
A3. Notice. dt:25.09.2023.
Exhibit for the Opposite Party:
Nil.
PRESIDENT: Sd/-
MEMBER : Sd/-
