Kerala

Thiruvananthapuram

CC/17/288

Abdul Jabbar - Complainant(s)

Versus

Sunil kumar - Opp.Party(s)

30 Apr 2018

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
SISUVIHAR LANE
VAZHUTHACAUD
THIRUVANANTHAPURAM
695010
 
Complaint Case No. CC/17/288
( Date of Filing : 28 Jul 2017 )
 
1. Abdul Jabbar
TC 14/404,mosk line,keshvadhasapuram,tvpm
...........Complainant(s)
Versus
1. Sunil kumar
Ayyurvedha college,Tvpm
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Shri P.Sudhir PRESIDENT
 HON'BLE MRS. R.Sathi MEMBER
 HON'BLE MRS. Liju.B.Nair MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 30 Apr 2018
Final Order / Judgement

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

 

SRI. P. SUDHIR

:

PRESIDENT

SMT. SATHI. R

:

MEMBER

SMT. LIJU B. NAIR

:

MEMBER

 

                                               

C.C.No: 288/2017     Filed on 28.07.2017

ORDER DATED: 30.04.2018

 

Complainant:

 

 

Abdul Jabbar C.S., T.C.14/404, Firdouse, Mosque Lane, Kesavadasapuram, Pattom, Trivandrum – 695 004.

 

 

(Party in person)

 

Opposite parties:

 

 

Director, Zephyr Entrance Coaching Centre, Ayurveda College, Trivandrum – 695 001.

 

 

 

 

This C.C having been heard on 23.02.2018, the Forum on 30.04.2018  delivered the following:

 

ORDER

 

SMT. LIJU B. NAIR, MEMBER:

Case of the complainant is as follows.  Complainant is the father of one Thasleema J.S. who joined the opposite party’s institute for entrance coaching (repeaters course) on 19.06.2017.  She attended classes up to 03.07.2017, i.e. for a period of 14 days.  Complainant paid Rs.48,000/- as course fee for the full term coaching.  While so, complainant’s daughter got admission to the professional course and so she left the course.  Complainant being a government servant and father of two daughters finds it very difficult to waive Rs.48,000/-.  So he approached the opposite party for refund of the course fee.  But they were not ready to refund.  So this complaint.

Notice was accepted by the opposite party, but they failed to appear and so we proceeded exparte against them.

Issues

  1. Whether the complainant is eligible for refund of the tuition fee paid?
  2. If so, reliefs and cost?

Issues 1&2

          Complainant filed affidavit along with 2 documents which were marked as Ext. P1 and P2, which are the receipts showing the payment of tuition fee.  Nothing is there to contradict the contentions raised by the complainant.   So we are allowing the complaint.  Since the complainant had paid tuition fee in full and attended the classes for 14 days 10% of the tuition fee is deducted from Rs.48,000/- which will come to Rs.4,800/-.  So the amount will come to Rs.43,200/-.  Opposite party is directed to pay this amount to the complainant within a month of receipt of this order.  Considering the circumstances, we are not ordering any compensation and cost.

          In the result, complaint is allowed.  Opposite party is ordered to pay Rs.43,200/- to the complainant within a month of receipt of this order, failing which 9% interest is ordered from the date of default till the date of realisation.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30th day of April, 2018.

                                      

Sd/-

LIJU B. NAIR

 

:

 

MEMBER

Sd/-

P. SUDHIR

 

:

 

PRESIDENT

Sd/-

SATHI R.

 

:

 

MEMBER

 

 

                   

 

SL

 

 

C.C.No.288/2017

APPENDIX

 

  1. COMPLAINANT’S WITNESS

 

  1.  
  •  

NIL

 

  1. COMPLAINANT’S DOCUMENTS

 

  1.  
  •  

Copy of fee receipt dated19.06.2017

  1.  

-

Copy of fee receipt dated15.05.2017

 

  1. OPPOSITE PARTY’S WITNESS

 

  1.  
  •  

NIL

 

  1. OPPOSITE PARTY’S DOCUMENTS

 

  1.  
  •  

NIL

 

  1. COURT EXHIBITS

 

  1.  
  •  

NIL

 

 

 

 

                                                                                       Sd/-

PRESIDENT

 

 

 

 

 

SL

 

 
 
[HON'BLE MR. Shri P.Sudhir]
PRESIDENT
 
[HON'BLE MRS. R.Sathi]
MEMBER
 
[HON'BLE MRS. Liju.B.Nair]
MEMBER

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