Tamil Nadu

South Chennai

CC/342/2013

S.Ganesan - Complainant(s)

Versus

SSN Educational Trust, - Opp.Party(s)

Party in Person

08 Feb 2019

ORDER

                                                                        Date of Filing  : 23.10.2013

                                                                          Date of Order : 08.02.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B., PGDCLP.               : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP. : MEMBER-II

 

C.C. No.342/2013

DATED THIS FRIDAY THE 08^TH DAY OF FEBRUARY 2019

                 

S. Ganesan,

F/o. GN. Kokila,

Plot No.5A, Door No.10,

21^st Avenue, Banu Nagar,

Ambattur,

Chennai – 600 053.                                                      .. Complainant.                                                     

                                                                                            ..Versus..

1. The President,

SSN EDUCATIONAL TRUST,

No.211/95, V.M. Street,

Mylapore,

Chennai – 600 004.          

 

2. The Principal,

SSN COLLEGE OF ENGINEERING,

Rajiv Gandhi Salai (OMR),

SSN Nagar,

Kalavakkam,

Chennai – 603 110.                                                 ..  Opposite parties.

          

For complainant                           : Party in person

Counsel for the opposite parties : M/s. K. Parthasarathy & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 praying to refund a sum of Rs.1,15,550/- paid by the complainant with interest at the rate of 24% p.a. till payment and to pay a sum of Rs.2,00,000/- towards compensation for mental agony and deficiency in service caused by the opposite party with cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that his daughter GN. Kokila got admission for M.E. course in the opposite parties’ Engineering College at Kalavakkam, Chennai and paid the fees on 18.08.2011.  As per Guidance, it is a residential programme.   The complainant submits that his daughter GN. Kokila reported the college hostel on 01.09.2011 and started attending the college from 02.09.2011.  While so, GN. Kokila was affected from food poison and hence she was compelled to take food from outside for some days.  Thereafter, the complainant’s daughter gave request in writing by letter dated:26.09.2011 addressed to the principal and a letter to the chairman dated:04.10.2011 for considering to study as Day Scholar which was duly rejected by the opposite parties resulting the complainant’s daughter GN. Kokila affected by typhoid fever with gastro enteritis problem and she stopped attending classes. On 15.12.2011, the complainant’s daughter submitted a letter for discontinuing the course and for refund of fees.   The opposite parties had confirmed the discontinuation of the course. Thereafter, the complainant’s daughter applied for return of the original certificate on 16.01.2012 and for refund of fees.  But the opposite party refused to refund the fees by sending letter to the complainant dated:07.03.2012.  The 2^nd opposite party refunded the Caution Deposit with a covering letter dated:28.06.2012.   But refused to refund the fees. The complainant issued legal notice dated:28.04.2013 but the opposite parties has not sent any reply.   The act of the opposite parties caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.  The opposite parties 1 & 2 state that the complainant and his daughter GN. Kokila after seeing the advertisement and Broucher knowing fully well that the opposite parties’ college is a residential one and joined in M.E. computer and communication course.  The student, GN. Kokila and his father also agreed for the terms and conditions in full and on undertaking that she shall abide all the rules and regulations of the college and hostel and admitted as a student within one week of admission, the student GN. Kokila started the allegation of health problem due to food poison and stayed away and gave a letter for conversion into a day scholar which was not permitted because the college starts at 8’O Clock in the morning.  The institution is very particular regarding the studies and education.  The day scholar cannot attend the college in right time even after travelling long distance due to various kinds of stress.  The allegation of typhoid and medical certificate and hence discontinuation of the course has nothing to do with the claim.  After three months of joining, the complainant applied for return of the certificates and refund of Caution Deposit was duly granted.  The vacant place of the complainant’s daughter has not been filled up till the end of the academic year.  As per the University Grants Commission in their letter No.F/1-3/2007 (CPP-II) dated:23.04.2007, no refund of fees shall be claimed.  The seat is not surrendered before the cut off date till 15.09.2011 is the cut off date. The complainant’s daughter joined the hostel on 01.09.2011 and started attending the college froom 02.09.2011 and discontinued from 15.12.2011 and claimed refund of the fees etc proves that the opposite parties cannot fill up the seat by calling upon the waiting list candidates.  Therefore, there is no deficiency in service on the part of the opposite parties.  Hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A20 are marked.  Proof affidavit of the opposite parties is filed and documents Ex.B1 to Ex.B11 are marked on the side of the opposite parties.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of  a sum of Rs.1,15,550/- paid towards fees with interest at the rate of 24% p.a. as prayed for?
2. Whether the complainant is entitled to a sum Rs.2,00,000/- towards compensation for mental agony and deficiency in service with cost of Rs.10,000/- as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Heard the complainant and opposite parties’ Counsel also.  Perused the records namely the complaint, written version, proof affidavits and documents.  Admittedly the complainant’s daughter GN. Kokila got admission for M.E. course in the opposite parties’ Engineering College at Kalavakkam, Chennai and paid the prescribed fees on 18.08.2011. Ex.A4 is the fee receipt.  Further the complainant contended that his daughter GN. Kokila reported the college hostel on 01.09.2011 and started attending the college from 02.09.2011.  While so, GN. Kokila was affected by food poison and hence she was compelled to take food from outside for some few days.  Thereafter, the complainant’s daughter requested the opposite party to become a day scholar as per letter dated:26.09.2011 vide Ex.A5 which was duly rejected by the opposite party resulting the complainant’s daughter GN. Kokila affected by typhoid fever with Gastroenteritis problem and discontinued the education.  On 15.12.2011, the complainant’s daughter submitted a letter for discontinuation of course and refund of fees as per Ex.A10.   Thereafter, the complainant’s daughter applied for return of the original certificate on 16.01.2012 and for refund of fees as per Ex.A12. But the opposite parties permitted to discontinue the course and refused to refund the fees as per letter dated:07.03.2012 as per Ex.A14.  The 2^nd opposite party refunded the Caution Deposit with a covering letter dated:28.06.2012 but refused to refund the fees. The complainant issued legal notice dated:28.04.2013 as per Ex.A16 for which, there is no reply.   Hence, the complainant was constrained to file this case.  The complainant has not specifically pleaded what is the amount paid towards college fees and whether any amount paid towards hostel fees in this case.  It is also seen from the records that the complainant knowing fully well the opposite parties' college is a residential college and admitted in the Post Graduate M.E. computer and communication course.

6.     The learned Counsel for the opposite parties 1 & 2 would contend that the complainant and his daughter GN. Kokila after seeing the advertisement and Broucher knowing fully well that the opposite parties’ college is a residential one and admitted as M.E. computer and communication course.  The student, GN. Kokila and his father also agreed for the terms and conditions in full and on undertaking that she shall abide all the rules and regulations of the college and hostel and admitted as a student, within one week of admission.   The student GN. Kokila started the allegation of health problem due to food poison and stayed away and gave a letter for conversion into a day scholar which was not permitted because the college starts at 8’O Clock in the morning.  The institution is very particular regarding the studies and education.  The day scholar cannot attend the college in right time even after travelling long distance due to various kinds of stress.   The allegation of typhoid and medical certificate vide Ex.A11 and discontinuation of the course has nothing to do with the claim.  After three months of joining, the complainant applied for return of the certificates and refund of Caution Deposit was duly granted Ex.A12 (No Due Certificate).  The vacant place of the complainant’s daughter has not been filled up till the end of the academic year as per Ex.B10 & Ex.B11.  As per the University Grants Commission in their letter No.F/1-3/2007 (CPP-II) dated:23.04.2007, no refund fees shall be claimed.  The seat is not surrendered before the cut off date as per Ex.B11.  In this case, 15.09.2011 is the cut off date. The complainant’s daughter joined the hostel  on 01.09.2011 and started attend the college on 02.09.2011 and discontinued from 15.12.2011 and claimed refund of the fees etc proves that the opposite parties cannot fill up the seat by calling upon the waiting list candidates proves there is no deficiency in service on the part of the opposite parties.  Considering the facts and circumstances of the case this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 08^th day of February 2019. 

 

     -Sd-                                            -Sd-                                   -Sd-

MEMBER-I                               MEMBER-II                     PRESIDENT

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	12.08.2011	Copy of the admission letter issued by the opposite party
Ex.A2	24.08.2011	Copy of the intimation letter issued by the opposite party
Ex.A3	17.08.2011	Copy of complainant’s demand draft
Ex.A4	18.08.2011	Copy of receipt Nos.1979 & 2879
Ex.A5	26.09.2011	Copy of the complainant’s letter
Ex.A6	04.10.2011	Copy of the complainant’s letter
Ex.A7	11.10.2011	Copy of the reply by the opposite party
Ex.A8	11.10.2011	Copy of cash bill No.9603
Ex.A9	09.11.2011 & 16.01.2012	Copy of cash bill Nos.356 & 1747
Ex.A10	15.12.2011	Copy of the complainant’s letter
Ex.A11	25.12.2011	Copy of the medical certificate
Ex.A12	16.01.2012	Copy of No Due Certificate
Ex.A13	24.02.2012	Copy of the complainant’s letter
Ex.A14	07.03.2012	Copy of the reply from the opposite party
Ex.A15	28.06.2012	Copy of the letter of the opposite party
Ex.A16	23.08.2013	Copy of legal notice with acknowledgement
Ex.A17	TANCA 2011 2011-2012	Copy of information about Colleges and College list issued by Anna University for ME/M.Tech/MCA courses
Ex.A18		Copy of SSN College of Engineering information issued by Anna University (Code 1315)
Ex.A19	25.08.2011	Copy of TANCA-Counselling Intimation letter
Ex.A20	20.02.2012	Copy of Transfer Certificate issued by SSN College of Engineering

 

OPPOSITE  PARTIES 1 & 2 SIDE DOCUMENTS:- 

Ex.B1	17.07.2011	Copy of advertisement in the Hindu regarding Admission for M.E. Course
Ex.B2		Copy of Application form with information to candidates (Prospectus)
Ex.B3	12.08.2011	Copy of intimation of admission letter sent by the institution
Ex.B4	18.08.2011	Copy of hostel application form signed by the student Kokila and complainant.
Ex.B5	07.09.2011	Copy of extention of approval by AICTE regarding approved strength of 18 for M.E. Course (C & C) Course
Ex.B6	08.01.2012	Copy of letter by COTE regarding strength of student for M.E. course
Ex.B7	16.09.2011	Copy of last date for admission for ME Course instructed by COTE
Ex.B8	23.11.2011	Copy of attendance register particulars for the period from 02.09.2011 to 31.10.2011
Ex.B9	05.12.2011	Copy of attendance register particulars for the period from 01.11.2011 to 30.11.2011
Ex.B10	22.05.2012	Copy of attendance register particulars for the period from 08.02.2012 to 18.05.2012
Ex.B11	04.07.2007	Copy of Public notice issued by UGC

 

 

     -Sd-                                            -Sd-                                   -Sd-

MEMBER-I                               MEMBER-II                     PRESIDENT