Date of filing:15.7.2013.
Date of disposal:2.12.2013.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT
SMT N. TRIPURA SUNDARI, B. COM., B. L., MEMBER.
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
MONDAY, THE 2ND DAY OF DECEMBER, 2013
C.C.No.128 of 2013
Between:
Master Y.Vineeth, 16 years, being Minor, Rep., by and acting through his natural guardian and father by name Sri Y.V.D.Prasad, R/o C/o P.Rambabu, Opp. S.B.I. Road, Rajendra Nagar, Gudivada, Krishna District, Andhra Pradesh, being represented by Consumers’ Guidance Society, having its registered and administration office at Flat No.1, 1st Floor, D.No.58-1-26, Veerapaneni Plaza, Patamata, Vijayawada – 520 010.
.… Complainant.
AND
Sri Chaitanya Educational Institution, Rep., by its Principal, Guntupally Vijayawada Rural, Krishna District.
. … Opposite Party.
This complaint coming on before the Forum for final hearing on 29.11.2013 in the presence of Consumers’ Guidance Society representing the complainant and opposite party remained absent upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Sri S.Sreeram)
This is a complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986 praying the Forum to direct the opposite party to refund the entire amount paid to opposite party amounting to Rs.39,390/-, to award compensation of Rs.10,000/- and for other reliefs.
1. The brief case of the complainant is that the complainant got admission into Intermediate course in NEON IC the branch of opposite party vide admission No.134020519 coupled with hostel admission on the same campus of opposite party after having satisfied with the representations made by opposite party about the serving of salubrious and nutritious food. At that time the opposite party people also assured the father of complainant that six persons would be accommodated in each room of hostel apart from qualitative educational services. The complainant paid total fees of Rs.39,390/- which includes the earlier booking fees of Rs.5,000/-. The complainant joined in the college hostel on 13.6.2013 for attending class work. But he was deeply distressed at the horrible and unhygienic food being served in the hostel and the each room of hostel crammed with 12 inmates. Further there is no hygienic sanitary condition in the hostel and toilets. As such the complainant on 14.6.2013 departed from the college under intimation to opposite party. Thereafter the father of complainant requested the opposite party to refund the entire fees vide letter dt.21.6.2013. But the opposite party refused to refund the fees amount on the alleged ground that the fees once paid shall never be refunded as per the rules. The complainant got issued a notice on 25.6.2013 to the opposite party. The opposite party after receipt of notice simply kept quiet. Hence, the complaint.
2. After registering the complaint, notices were sent to opposite party, but it did not turn up and remained absent.
3. The complainant has filed his affidavit and got marked Ex.A1 to Ex.A5. None is examined on behalf of opposite party as he remained absent.
4. Heard complainant. Perused the record.
5. Now the points that arise for consideration in this complaint are:
i) Whether there is any deficiency in service on the part of opposite party in not providing the amenities to the complainant as promised at the time of joining?
ii) If so is the complainant entitled for the releifs as prayed for?
POINT NO.1:
6. A perusal of record discloses that the complainant joined in Sri Chaitanya Educational Institution, Vijayawada for Intermediate Course in NEON IC branch and paid Rs.39,390/- i.e. on different intervals under Ex.A1 cash receipts. Ex.A2 is letter issued by complainant discloses the payment of fees to opposite party. The case of the complainant is that contrary to the representations made by the opposite party people with regard to nutritious food and hygiene sanitary conditions to be provided by opposite party, they have not provided the same and further also accommodated 12 persons in each room in stead of six persons. As such the complainant vacated the hostel room and departed with the college under intimation to opposite party. Thereafter the father of complainant approached the opposite party for refund of amounts and as the opposite party refused to refund the amount, the complainant got issued legal notice under Ex.A3 and the opposite party received the same, but maintained silence. Ex.A4 is the authorization given by the complainant in favour of his father. Ex.A5 is date of birth certificate of complainant.
7. In view of the above facts and circumstances of the case and a perusal of record, now the point that stood for consideration before this Forum is whether the complainant is entitled for refund of amount and compensation as prayed for.
8. A perusal of record discloses that, though the opposite party received the notice in the present complaint failed to make his appearance. Therefore, the claim of complainant is deemed to be admitted by the opposite party. Ex.A1 to A5 remained unquestioned and unchallenged. Accordingly the complainant proved his case. But as seen from the record, the complainant reserved his seat in the month of January, 2013 and paid cash of Rs.5,000/- as advance. As such it is clear that the complainant himself might have visited the college and after being satisfied with the conditions in the college and hostel premises has paid the advance amount. Further the complainant joined in the college on 13.6.2013 and as per his own version, he departed from the college on 14.6.2013 itself i.e. within the span of one day. In our view, it is not possible to completely assess the discomforts in the college and hostel particularly with regard to hygienic food and sanitary conditions within one day. But, however, as the opposite party failed to make appearance and put forth its version, this Forum has no option to believe the version of complainant. In view of the above circumstances, we are of the opinion that there is no need to grant compensation under the light of the fact that the complainant left the college within one day on his own accord. Further the opposite party is also entitled to withhold same amount towards processing charges/administration charges and we feel that withholding of Rs.3,000/- by opposite party would meet the ends of justice.
POINT NO.2:-
9. In the result, the complaint is allowed partly with a direction to the opposite party to pay a sum of Rs.36,390/- (Rs.39,390- Rs.3,000/-) to the complainant. The other claims of the complainant if any are hereby dismissed. Time for compliance is one month from the date of receipt of this order.
Typewritten by Stenographer K.Sivaram Prasad, corrected by me and pronounced by us in the open Forum, this the 2nd day of December, 2013.
PRESIDENT MEMBER MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite party:-
P.W.1 Y.V.D.Prasad None.
(guardian of complainant)
(by affidavit)
DOCUMENTS MARKED
On behalf of the complainant:
Ex.A.1 05.01.2013 Five receipts issued by the opposite party.
Ex.A.2 21.06.2013 Photocopy of letter from the complainant to the opposite
party.
Ex.A.3 25.06.2013 Office copy of legal notice.
Ex.A.4 08.07.2013 letter of authorization.
Ex.A.5 06.09.2011 Photocopy of Birth Certificate.
For the opposite party:
Nil.
PRESIDENT
