Andhra Pradesh

Chittoor-II at triputi

CC/24/2016

B.Gayathri, D/o B.Seshadri Naidu - Complainant(s)

Versus

Sri Padmavathi School of Pharmacy, Represented by its Authorised signatory - Opp.Party(s)

A.Devendranath

30 Jul 2016

ORDER

                                                                                                   Filing Date: 07.04.2016

                                                                                                   Order Date: 30.07.2016

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.M.Ramakrishnaiah, President ,

        Smt. T.Anitha, Member

 

 

 

SATURDAY THE THIRTYETH DAY OF JULY, TWO THOUSAND AND SIXTEEN

 

 

 

C.C.No.24/2016

 

 

Between

 

B.Gayathri,

D/o. B.Seshdri Naidu,

Hindu, aged about 19 years,

Student, residing at Padmavathi Nagar,

Bangarupalyem Town and Mandal,

Chittoor District.                                                                              … Complainant

 

 

 

And

 

 

Sri. Padmavathi School of Pharmacy,

Represented by its Authorized Signatory,

Tiruchanur, Tirupati Town,

Chittoor District.                                                                              …  Opposite party.

 

 

 

 

 

            This complaint coming on before us for final hearing on 14.07.16 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.A.Devendranath & G.Ramaiah Pillai, counsels for the complainant, and opposite party is remained exparte, and having stood over till this day for consideration, this Forum makes the following:-

 

 

ORDER

DELIVERYED BY SRI. M.RAMAKRISHNAIAH, PRESIDENT

ON BEHALF OF THE BENCH

           

            This complaint is filed under Section - 12 of Consumer Protection Act 1986, by the complainant against the opposite party for the following reliefs 1) to direct the opposite party to refund the amount of Rs.10,000/- with interest @ 18% per annum from 23.07.2015 till the date of refund, 2) to direct the opposite party to pay Rs.50,000/- towards compensation and deficiency in service, 3) to direct the opposite party to pay the costs of the litigation.  

            2.  The brief averments of the complaint are:-  that the complainant is a student she appeared for EAMCET examination in the year 2015 before its results are announced the opposite party contacted the complainant and assured to provide a seat to the complainant in B.Pharmacy and that the complainant got free seat after EAMCET results the amount so paid will be refunded. Believing the words of the opposite party the complainant paid Rs.10,000/- on 23.07.2015 to the opposite party for the course of B. Pharmacy for the batch  of 2015-2016.

           3.  That the complainant got EAMCET rank 72,966 and got seat on the basis of rank in Saastra College of Pharmacy Edn & Res (Scon), Nellore as such she joined there in Saastra College. There after the complainant approached the opposite party and stated that she got free seat B.Pharmacy in Saastra College, Nellore and requested to refund the amount of Rs.10,000/- paid by her on 23.07.2015, but without refund in the same the opposite party postponing the payment on some pretext on the other despite her request for several occasions. Therefore, the complainant got issued a legal notice on 08.12.2015 demanding the opposite party to refund the amount of Rs.10,000/- paid by her with interest from 23.07.2015 and also demanding to pay compensation of Rs.50,000/- for causing mental agony. The opposite party failed to repay the amount. Hence the complaint.

            4.  opposite party remained exparte even without making it appears.

            5.  The complainant filed her chief affidavit as well as written arguments reiterating the allegations made in the complaint against the opposite party and got marked Ex.A1 to A5. Heard counsel for the complainant.

           6.  Now the points for consideration are:-

            (i). Whether the complainant is entitled to refund of Rs.10,000/- paid to the 

          Opposite party on 23.07.2015 and for compensation Rs.50,000/as prayed for?

            (ii). To what result?

            7. Point No.(i):-  The specific allegations made against the opposite party is that, even before announcing the EAMCET result 2015 the opposite party contacted the complainant and offered seat in B.Pharmacy for Rs.10,000/- . Assuring that the said amount of Rs.10,000/- shall be refunded in case the complainant secured free seat basing on the rank she secured  in the EAMCET 2015.  Believing the words of the opposite party the complainant paid Rs.10,000/- on 23.07.2015 for which the opposite party passed on receipt  under Ex.A1. Subsequently the EAMCET results were announced in which she secured the rank of 72,966 on the basis of which she got free seat in Saastra College, Nellore in B.Pharmacy. As such and as assured by the opposite party the complainant met the opposite party and requested to refund the amount of Rs.10,000/- she paid to the opposite party on 23.07.2015. But the opposite party on some pretext or other evading to pay the fee she paid. Under Ex.A2 the complainant has been allotted the seat in Saastra College of B.Pharmacy Edn & Res (Scon), Nellore and issued the provisional allotment order. As per the provisional allotment order under Ex.A2 she secured seat in Saastra College of B.Pharmacy, Nellore.

         8. In spite of repeated demands, the opposite party failed to stick on its assurance for refunded the amount of Rs.10,000/- collected from the complainant on 23.07.2015. Therefore she got issued a legal notice under Ex.A3 which was refused by the opposite party. In view of the evidence of P.W-1 the complainant here in and in view of the Ex.A1 to A4 the complainant has established that she paid a sum of Rs.10,000/- to the opposite party and took admission in B.Pharmacy tentatively before announcing of EAMCET results 2015. Subsequently she got seat on the basis of her EAMCET rank in B.Pharmacy at Saastra College of Pharmacy, Nellore. That the opposite party failed to repay the amount has assured. Therefore we are of the opinion that the complainant is entitled to refund of Rs.10,000/- paid to the opposite party on 23.07.2015 and also the opposite party is liable to be refund the same. The complainant also, under the circumstances the complainant beyond entitled for the compensation. Accordingly this point is answered.  

          9. Point No.(ii):-   in view of our discussion of point no.1 we are of the opinion that the complainant is entitled to refund of Rs.10,000/- from the opposite party and also she is entitled to sum of Rs.10,000/- towards compensation for deficiency in service on part of the opposite party and for causing mental agony to the complainant and the complaint is to be allowed accordingly.

            In the result, complaint is allowed in part directing the opposite party to refund the amount of Rs.10,000/- (Rupee ten thousand only) paid by the complainant on 23.07.2015 along with interest @ 9% per annum from the 23.07.2015  till realization. The opposite party is also directed to pay Rs.10,000/- (rupees ten thousand only) towards compensation for deficiency in service and for mental agony caused to the complainant and also to pay Rs.2,000/- (rupees two thousand only) towards costs of the litigation. The opposite party is further directed to comply with the order within six (6) weeks from the date of receipt of copy of the order, failing which the compensation amount of Rs.10,000/-(rupees ten thousand only) also shall carry interest at 9% p.a. from the date of order, till realization.                   

Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 30^th day of July, 2016.

 

        Sd/-                                                                                                                     Sd/-

Lady Member                                                                                                      President

 

 

APPENDIX OF EVIDENCE

 

                            Witnesses Examined on behalf of Complainant.

 

PW-1: B. Gayathri  (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartIES.

NIL

 

                           EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT

 

Exhibits (Ex.A)	Description of Documents
	Receipt (Original) issued by Opposite Party. Dt: 23.07.2015.
	Photo copy of Provisional (RE) Allotment Order under APEAMCET-B-2015.
	Office copy of legal notice Dt: 06.02.2015 with postal receipt and acknowledgement.
	Office copy of legal notice Dt: 04.01.2016 with postal receipt and returned Regd. Postal cover addressed to opposite party.
	Photo copy of identity card issued by Vijayam Junior College, Thumbakuppam, Bangarupalyam of Miss. B. Gayathri.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES

 

     NIL

                                                                                                                        Sd/-

                                                                                                                  President

          

                                                                  // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

                Dist. Consumer Forum-II, Tirupati.

 

 

  Copies to:-   1.  The complainant.

                        2.  The opposite party.