Date of filing:23.6.2014.
Date of disposal:1.12.2014.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: SMT N. TRIPURA SUNDARI, B. COM., B. L., PRESIDENT (FAC)
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
MONDAY, THE 1ST DAY OF DECEMBER, 2014.
C.C.No.138 of 2014
Between:
Sri Avula Rajesh, S/o Kaleswara Rao, Ramannapeta (P.O) Chandralapadu (Mandal) Krishna District.
.… Complainant.
AND
Sony Krishna Educational Society, Rep., by its Authorized Signatory: Sri Sydulu, Opp:Lakshmi Prasanna Theatre Road, Rythupet, Nandigama, Krishna District.
.… Opposite Party.
This complaint coming on before the Forum for final hearing on 25.11.2014, in the presence of complainant appearing in person and Sri D.Ravi Kiran, Advocate for opposite party and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble President (FAC) Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
The averments of the complaint are in brief:
1. The complainant APPLIED for M.Com (Distance Education) through Sony Krishna Educational Society i.e., the opposite party affiliated to Acharya Nagarjuna University for which he paid Rs.2,500/- on 20.6.2013 and Rs.2,000/- on 5.12.2013. The complainant requested the opposite party several times to give hall ticket. But the opposite party did not provide hall ticket in time to the complainant to attend the examination. The complainant was unable to attend the examination and lost one academic year and got mental agony. Under the said circumstances the complainant requested the opposite party to refund the fee amount paid by him but the opposite party refused to do so. Therefore the complainant got issued legal notice demanding the opposite party to refund the fee paid by him. The opposite party neither paid the amount nor gave any reply which amounts to clear deficiency in service. Hence the complainant is constrained to file this complaint against the opposite party praying the Forum to direct the opposite party to refund the fee amount paid by him, to pay Rs.25,000/- towards compensation and to pay Rs.500/- towards costs.
2, After registering the complaint notice was sent to the opposite party, but the opposite party remained absent.
3. The complainant filed his affidavit and got marked Ex.A.1 to Ex.A.3.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of the opposite party?
2. If so is the complainant entitled for any relief?
3. To what relief the complainant entitled?
POINTS 1 AND 2:-
6. On perusing the material on hand the complainant applied for M.Com (Distance Education) through Sony Krishna Educational Society i.e., the opposite party, affiliated to Acharya Nagarjuna University. He paid an amount of Rs.2,500/- on 20.6.2013 under Ex.A.1 and paid Rs.2,000/- on 5.12.2013 under Ex.A.2 to the opposite party. The complainant says that he requested the opposite party several times to give hall ticket but the opposite party did not provide hall ticket in time to the complainant to attend the examination. Therefore the complainant was unable to attend the examination and lost one academic year. Under these circumstances the complainant requested the opposite party to refund the fee amount paid by him but the opposite party refused to do so. Therefore the complainant got issued a legal notice Ex.A.3 demanding the opposite party to refund the fee amount paid by him. The opposite party received the said notice under Ex.A.3 but he neither paid the amount nor gave any reply. Therefore we hold that there is deficiency in service on the part of the opposite party towards the complainant in not refund the amount paid by the complainant which he paid. Due to negligence of the opposite party as failed to provide the hall ticket the complainant was unable to attend the examination and thereby he lost one academic year. Therefore the complainant is entitled for compensation for the same besides refund of the fee amount.
POINT No.3:-
7. In the result, the complaint is allowed in part and the opposite party is directed to refund the fee amount of Rs.4,500/- with interest at the rate of 18% per annum from the date of receiving the amount i.e., 5.12.2013 till realization and to pay Rs.10,000/- towards compensation for causing loss of one academic year of the complainant and to pay costs of Rs.1,000/- to the complainant. Time for compliance one month. Rest of the claims of the complainant are rejected.
Dictated to the Stenographer K.Sivaram Prasad, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 1st day of December, 2014.
PRESIDENT(FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainant: For the opposite party:
P.W.1 Avula Rajesh None.
Complainant,
(by affidavit)
Documents marked
On behalf of the complainant:
Ex.A.1 28.05.2013 Photocopy of Receipt issued by the opposite party for Rs.2,500/-.
Ex.A.2 05.12.2013 Photocopy of Receipt issued by the opposite party for Rs.2,000/-.
Ex.A.3 . . Photocopy of legal notice issued by the complainant along with photocopy of postal acknowledgement.
On behalf of the opposite party:
Nil.
PRESIDENT(FAC)
