Between:
Chithalapati Venkata Satyanarayana Raju, S/o Late Rama Raju, aged 32 years, Hindu, Business, Residing at Fort Road, Vizianagaram.
...Complainant
And
1)Sri Chaitanya Educational Institutions,
Rep.by its Director Sri Dr.B.S.Rao,
Corporate Office, 4th Floor, Plot # 80,
Ayyappa Society, Madapur,
Hyderabad – 81.
2)Sri Chaitanya Educational Institution,
Rep. by its Principal,
Mother Thereesa Campus, Marikavalasa,
Visakhapatnam.
3)Mr.V.Venu Gopal, Marketing Executive,
Sri Chaitanya Educational Institution,
Mother Thereesa Campus, Marikavalasa,
Visakhapatnam.
Respondents
This case is coming on for final hearing before us in the presence of Sri P.Haragopal and K.Ramesh, Advocates for the Complainant and heard arguments of the O.P’s Inperson and having stood over for consideration the Forum made the following:-
O R D E R
AS PER SRI G.APPALA NAIDU,MEMBER.
This complaint is filed U/s-12 of C.P.Act,1986 seeking reliefs directing the O.P’s 1 to 3 to refund the amount after deducting the two months residential charges for the stay of the complainant’s son, to pay a sum of Rs.2,000/- towards compensation to the complainant for the harassment, mental agony and financial hardship suffered by the complainant, to pay costs of the complaint and legal expenses and to grant such other relief or reliefs as the Honourable Forum deems fit and proper under the circumstances of the case in the interest of justice on the following averments:-
The complainant is a resident of Fort Road, Vizianagaram whereas the 1st respondent is the director of Sri Chaitanya Educational Institutions situated all over the state of Andhra Pradesh, the 2nd respondent is the principal to one of the institutions at Mother Thereesa Campus, Marikavalasa, Visakhapatnam and the 3rd respondent is one of the Marketing Executives of Sri Chaitanya Educational Institutions. The complainant submits that his son by name Chithalapati Chaitanya Varma joined in the 2nd respondent’s institution on 06.03.2013 in intermediate course with M.P.C. group in the NEON Batch and on the same day the 3rd respondent received an amount of Rs.250/- towards application fee and after completion of the application Form, the complainant paid an amount of Rs.3,000/- as per the direction of 3rd respondent towards admission fee for which an acknowledgement/cash receipt was given to the complainant vide application No.134093944. Later, on the next day the computer receipts were issued by the staff of the 2nd respondent vide receipt Nos.2728448 and 2728449. At the time of the said admission, the 2nd respondent agreed to admit the complainant’s son for the course fee of Rs.70,000/- in the presence of 3rd respondent as the complainant’s son is a residential candidate. The complainant further submits that he paid an amount of Rs.15,000/- in cash towards tuition fee on two occasions amounting to Rs.30,000/- and also an amount of Rs.13,000/- and in all the complainant paid an amount of Rs.46,000/- besides the payment of Rs.250/- towards application fee, Rs.3,700/- towards material fee, and also an amount of Rs.3,000/- towards pocket money for the complainant’s son. However the complainant’s son continued in the 2nd respondent’s institution only for a period of two months and later returned back to the complainant’s house since he is not satisfied with the faculty, treatment and food. Thereafter the complainant immediately approached the 2nd respondent and informed about the difficulty of his son in continuing in the 2nd respondent’s institution and accordingly requested to return back the amount already paid to the extent of Rs.49,000/- excluding application fee and the material fee, after deducting the two months residential stay expenses of his son but invain. Later the complainant admitted his son in the earlier institution where his son appeared for the S.S.C. Subsequently even after repeated requests made by the complainant the 2nd respondent simply postponed the same on one pretest or the other without any just and reasonable cause, which amounts to deficiency of service. Therefore the complainant got issued a legal notice to the 2nd respondent on 25.01.2014 demanding refund of the amount paid by him after deducting two months residential stay expenses of his son but the 2nd respondent having received the same sent a reply denying payment of the amount and with all false and untenable allegations but agreeing to refund an amount of Rs.13,700/- subject to production of the original receipts. However the complainant having not satisfied with the said reply from the 2nd respondent sent a rejoinder by informing all the true facts in an explanatory manner on the disputed averments but the 2nd respondent neither refunded the amount due to the complainant nor gave any reply to it. Hence this complaint.
Counter filed by the 2nd O.P. which was adopted by 1st O.P. denying the allegations leveled by the complainant except those which are specifically admitted there in and puts the complainant to strict proof of the same. The notice sent to O.P. 3 was returned stating that “no such address” and O.P. 3 was also called absent. It is submitted by the O.P. that the complainant paid an amount of Rs.3,000/- towards admission fee and agreed to pay an amount of Rs.55,000/- as his son is a residential candidate but not Rs.70,000/- as mentioned in the complaint. It is also submitted that the complainant paid an amount of Rs.15,000/-, Rs.13,000/- but the allegation that the complainant paid an amount of Rs.30,000/- towards tuition fee an two occasions and in all together paid an amount of Rs.46,000/- is utterly false, incorrect and hence denied.
It is also submitted by the O.P. that they have been running the educational institutions with strict norms by observing the standards of quality of food etc., but the complainant’s son left the campus by submitting a letter on 28.08.2013 to the O.P. seeking permission to leave the college due to his personal problems and as per the terms and conditions, the complainant is entitled to get an amount of Rs.13,700/- subject to production of original receipts to the O.P. It is further submitted that the complainant admitted his son in their institution only after satisfying himself with the faculty and facilities provided in the Hostel. Since the total amount paid by the complainant is Rs.37,700/-, an amount of Rs.25,000/- is to be deducted as per the rules and regulations but the O.P. deducted an amount of Rs.24,000/- only and the balance of Rs.13,700/- will be paid to the complainant subject to production of original receipts. The O.P. at the time of admission explained to the complainant about the non- refundable deposit and the deductions to be made according to the rules, regulations and guidelines of the institution from the amount paid by the complainant if the complainant’s son leaves the institution in any case and since the complainant heard, read and understood the same and admitted his son in the institution, the complainant is bound to such deductions. It is also submitted by the O.P. that they suffered loss due to the acts of the complainant’s son and when once the seat is allotted to any student in an institution the seat shall be reserved for him/her throughout the year and if he or she leaves the institution the seat shall remain vacant which is a loss to the O.P. as they lose the prospective student in that year. Since they strictly adhere to the terms and conditions specified in the application, the complainant is not entitled to refund of any amount as alleged in the complaint as there is no deficiency on their part. Since the complainant created panic in the minds of O.P. on some flimsy grounds causing mental agony, defaming the status of the O.P. in the public, the O.P. is entitled to claim damages to the tune of Rs.50,000/- for the mental agony suffered besides the legal expenses incurred in this regard.
Exhibits A1 to A9 are marked on behalf of the complainant and exhibits B1 to B4 are marked on behalf of the O.P’s.
Heard arguments of both the parties. Posted for orders. The orders are as follows:-
The counsel for the complainant and the O.P. in person advanced arguments by reiterating what they have stated in the complaint, counter, evidence affidavits and brief written arguments respectively.
The main contention of the complainant is that he paid an amount of Rs.46,000/- besides the payment of Rs.250/- towards application fee, Rs.3,700/- towards material fee and also an amount of Rs.3,000/- towards pocket money which was denied by the O.P’s based on available material and evidence produced in respect of the same.
The main contention of the O.P’s is that the complainant paid total of Rs.37,700/- that is Rs.3,000/- towards admission fee, on 07.03.2013, Rs.15,000/- towards fee on 02.06.2013, Rs.3,700/- towards material fee on 10.06.2013, Rs.13,000/- towards fee on 26.07.2013 and Rs.3,000/- towards pocket money. Since the student left the college before September, 2013 by submitting a letter dated 28.08.2013 addressed to the principal of the college seeking permission to leave the college due to personal problems which was also signed both by the student and his father, as per the rules and regulations supplied and read and accordingly signed by the father of the student, the college is entitled to deduct a sum of Rs.25,000/- but they have deducted only Rs.24,000/- and therefore they are prepared to refund an amount of Rs.13,700/- that is Rs.3,000/- in respect of admission fee, Rs.3,700/- in respect of material fee and Rs.7,000/- (Rs.31,000-24,000).
Now the point for consideration is whether there is deficiency in service on the part of O.P’s?
Perused the entire material placed on record and it is established beyond doubt that the student himself and voluntarily gave a letter dated 28.08.2013 addressed to the principal of the college which was also signed by the student and his father stating that he is leaving the college due to personal problems and therefore the college authorities have arrived at Rs.13,700/- as above even after extending concession of Rs.1,000/- only as per the rules and regulations governing the admission of the student and settlement of the account in case of leaving the college in the middle which terms and conditions are mentioned on the rivers side of the application for admission into hostel/junior/senior intermediate course which was signed by the complainant/parent of the student and accordingly the college authorities prepared and admitted/agreed to refund an amount of Rs.13,700/- subject to production of original receipts to the O.P. which contention/admission of the O.P. can be accepted and the claim of the complainant can be rejected since there is no deficiency on the part of O.P’s. However as the O.P’s admitted to refund Rs.13,700/- to the complainant we deem it fit to direct them to refund the said sum to the complainant.
In the result, the complaint is partly allowed directing the O.P’s 1 to 3 jointly and severally to refund an amount of Rs.13,700/- (Rupees Thirteen Thousand and Seven Hundred only)to the complainant. The order shall be complied within 30 days from today.
Dictated to the Steno, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 1st day of June, 2015.
MEMBER PRESIDENT
C.C.No.74 / 2014
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant:- For opposite parties:-
PW 1 RW1 & RW2
DOCUMENTS MARKED
For Compainant:-
Ex.A-1 Acknowledgement/Cash receipt issued by the 3rd
respondent,Original Dt.06.03.2013.
Ex.A-2 Computer receipts issued by the 2nd respondent,
Original, Dt.07.03.2013.
Ex.A-3 Computer receipt for Rs.15,000/- issued by the 2nd
respondent, Original Dt.03.06.2013.
Ex.A-4 Computer receipt for Rs.3,700/- issued by the 2nd
respondent, Original, Dt.10.06.2013.
Ex.A-5 Computer receipt for Rs.13,000/- issued by the 2nd
respondent, Original, Dt.26.07.2013.
Ex.A-6 Office copy of legal notice from the complainant to
the 2nd respondent, office copy, Dt.25.01.2014.
Ex.A-7 Reply legal notice from the 2nd respondent to the
complainant, Original, Dt.04.02.2014.
Ex.A-8 Office copy of rejoinder notice from the complainant
to the 2nd respondent, Office copy, Dt.12.05.2014.
Ex.A-9 Postal Acknowledgement, Original.
For OP’s:-
Ex.B-1 Chaitanya College Copy.
Ex.B-2 Scaits Copy.
Ex.B-3 Scaits Copy.
Ex.B-4 Chaitanya Educational Institutions Copy.
president
