Kerala

Thiruvananthapuram

CC/364/2022

V S Ajith kumar - Complainant(s)

Versus

Swami vivekanada mission central school - Opp.Party(s)

14 Feb 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

               SRI.P.V.JAYARAJAN           : PRESIDENT

          SMT.PREETHA G NAIR     : MEMBER

          SRI.VIJU.V.R                        : MEMBER

CC.NO.364/2022 (Filed on : 19/09/2022)

ORDER DATED : 14/02/2023

COMPLAINANT

 

V.S.Ajithkumar,

Aryas, Saraswathy Gardens,

Santhivila, Nemom.P.O

Thiruvananthapuram

Pin – 695020

(Party in person)

                                                          VS

OPPOSITE PARTY

 

The Manager,

Swami Vivekananda,

Mission Central School,

Koliyakkode, Studio Road,

Nemom.P.O Pin – 695020

(Exparte)

ORDER

SRI.P.V.JAYARAJAN                  : PRESIDENT

1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2. This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. After admitting the complaint notice was issued to the opposite party. After accepting the notice the opposite party failed to appear before this commission as directed. Hence on 14/11/2022, the opposite party was declared exparte.

3. The case of the complainant in short is that the complainant’s daughter A.P.Ariya Saraswathy completed her 10^th std under ICSE syllabus and approached the opposite party for an admission to the 11^th std. On enquiry with the opposite party, it was informed that the classes will commence from July 1^st week and further informed that for getting admission the complainant has to remit Rs.15,000/- (Rupees fifteen thousand only) which includes registration fee, admission fee and tuition fee for the first term. As the result of ICSE examination is expected to publish only on 15^th July, the complainant informed the opposite party that his daughter is going to apply for admission to government school and if a seat was allotted to her, she will join in a government school and in such a situation whether fee paid will be refunded. Then the opposite party informed the complainant that , if that be so, the name of the complainant’s daughter can be registered by paying Rs.2000/- (Rupees two thousand only) as registration fee and also informed that the remaining amount can be paid at the time when the class commences. Accordingly the complainant paid Rs.2000/- (Rupees two thousand only) to the opposite party through online and registered his daughter’s name with the opposite party school. As the classes started in the last week of June, the opposite party insisted for the payment of the remaining fee on the ground that otherwise the complainant’s daughter will loose class. Hence at the instance of the opposite party, the complainant paid the remaining fee of Rs.13,000/- (Rupees thirteen thousand only) to the opposite party through online along with an amount of Rs.1090/- (Rupees one thousand and ninety only) towards the uniform charges. No receipt was issued by the opposite party for collecting uniform charges. After attending this school for 15 days, the complainant’s daughter could not attend the school as she was suffering from Covid 19. Subsequently she got allotment in merit quota and hence the complainant approached the opposite party for refund of the fee. At that time the opposite party informed that there is practice of refunding the fee. As the opposite party refuses to refund the fee, the complainant approached this commission alleging unfair trade practice on the part of the opposite party and for redressing the grievances. The opposite party being declared exparte, there is no written version or affidavit from the side of the opposite party.

4.       The evidence in this case consists of Exts.P1 to P3 from the side of the complainant. The opposite party being declared exparte, there is no oral or documentary evidence from the side of the opposite party.

5.    The issues to be considered in this case

1. Whether there is any unfair trade practice on the part of the opposite party ?
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Order as to cost.

6.       Heard. Perused affidavit and documents. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.P1 to P3 were produced and marked. Ext.P1 is the copy of details of fee. Ext.P2 is the copy of first allotment letter.Ext.P3 is the copy of supplementary allotment letter. The opposite party being declared exparte, there is no evidence to discredit the evidence adduced by the complainant. Hence the evidence adduced by the complainant stands unchallenged. In the absence of any contra evidence from the side of the opposite party, we accept the evidence adduced by the complainant. By swearing an affidavit as PW1 and by marking Exts.P1 to P3, the complainant has succeeded in establishing his case against the opposite party. As per the available evidence before this commission, we find that there is unfair trade practice on the part of the opposite party. We further find that the complainant has suffered mental agony and financial loss due to the unfair trade practice from the side of the opposite party. As the mental agony and financial loss to the complainant was caused due to the unfair trade practice on the part of the opposite party, we find that the opposite party is liable to compensate the loss sustained by the complainant. In view of the above discussions, we find that this is a fit case to be allowed in favour of the complainant.

                In the result, complaint is partly allowed. The opposite party is directed to pay Rs.12,068/- (Rupees twelve thousand sixty eight only) (being the 75% of the amount of Rs.16,090/- (Rupees sixteen thousand ninety only) paid by the complainant to opposite party ) along with Rs.5000/- (Rupees five thousand only) as compensation and Rs.2500/- (Rupees two thousand and five hundred only) being the cost of the proceedings to the complainant within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of realization or remittance.

            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 Commission, this the 14^th day of February 2023.

 

                                                                               Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                        Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                        Sd/-

                          VIJU.V.R        : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

be/

APPENDIX

CC.NO.364/2022

List of witness for the complainant

PW1                      - V.S.Ajith kumar

List of Exhibits for the complainant

Ext.P1         -        The copy of details of fee.

Ext.P2         -        The copy of first allotment letter.

Ext.P3         -        The copy of supplementary allotment letter.

List of witness for the opposite party – NIL

List of Exhibits for the opposite party – NIL

Court Exhibits                                   - NIL

 

                                                                                                     Sd/-

                                                                                                PRESIDENT