By Sri. P. Raveendran, Member:
 

The brief of the complaint is as follows:- The Opposite Party invited an application for the course of Ayurveda Therapies and Puncha Karma and the Complainant joined for the course for the period from 02.04.2008 to 05.10.2008 in the institution called Kerala Ayurvedic Research Centre, Kulathinal Hospital, Kalpetta. The Opposite Party collected Rs.10,000/- towards fee. The Opposite Party has not conducted any class for the Complainant. But the Opposite Party has compelled the Complainant to clean the floor and toilet of the hospital. No course, class or examination conducted by the Opposite Party. Hence the Complainant issued a lawyer notice on 06.03.2009 asking the Opposite Party to return Rs.10,000/- with 12% interest and Rs.1,00,000/- as compensation. After receipt of the lawyer notice on 26.3.2009 the Opposite Party send a certificate through courier. The course offered by the Opposite Party was not recognized or approved by any authority. No institution is providing employment also.

2. In fact the Opposite Party exploited the Complainant and the entire activity of the Opposite Party amounts to unfair trade practice. Due to this Complainant lost his future time and finance. The loss of the Complainant could not be fully compensated in terms of money the Complainant limits his claim to Rs. 1,00,000/- and Opposite Party is bound to return the fee of Rs.10,000/- with 12% interest from 04.03.2008. Hence it is prayed to pass an award directing the Opposite Party to :-

1. Return Rs. 10,000/- with 12% interest from 04.03.2008 till the payment is made.

2. Pay Rs.1,00,000/- as compensation and cost of the proceedings.

3. Notice sent to Opposite Party. Even though the intimation is given to the Opposite Party he has not claimed the cover. Hence the postal authorities returned the notice to this Forum. Hence the Opposite Party is declared exparte and proceeded with the case.

4. Considering the complaint, chief affidavit and the documents produced by the Complainant the following points are to be considered.

1. Whether there is any deficiency of service or unfair trade practice on the part of the Opposite Party?

2. Relief and cost.

5. Point No.1:- To prove Complainant's case, he has filed his complaint and proof affidavit. He has also filed documents Exts.A1series to A6. In the chief affidavit he stated as stated in the complaint. Ext.A1 series are the 5 receipts issued by Opposite Party which shows that the Complainant has remitted Rs.10,000/- to the Opposite Party. Ext.A2 is the copy of lawyer notice and Ext.A3 is the postal receipt. Ext.A4 is the certificate issued by Opposite Party to the Complainant. Ext.A5 is the copy of Delivery Run Sheet of the Professional Couriers, Kambalakkad which shows that the Professional Couriers delivered one cover bearing No. 9842742 on 27.3.2009 to the Complainant. Ext.A6 is the envelop, which shows that the Opposite Party send a cover to the Complainant as per No.9842742. On scrutinising the above documents it is found that the Opposite Party has accepted Rs.10,000/- from the Complainant without giving any training to the Complainant. More over the Opposite Party has utilised the service of the Complainant for a period of 6 months for cleaning the floor and toilets of the hospital. The Opposite Party has issued a bogus certificate on getting the lawyer notice. So it is clear that there is deficiency of service and unfair trade practice on the part of the Opposite Party. The Point No.1 is decided accordingly.

6. Point No.2:- The Complainant is entitled to get Rs.10,000/- already paid by him to the Opposite Party with 10% interest. He is also entitled to get Rs.6,000/- as compensation and Rs.750/- as cost of this litigation.

In the result, the complaint is allowed and the Opposite Party is directed to pay Rs.10,000/- (Rupees Ten thousand only) to the Complainant with 10% interest from the date of filing the complaint till the payment is made. Opposite Party is also directed to pay  Rs.6,000/- (Rupees Six thousand only) as compensation and Rs.750/- (Rupees Seven hundred and Fifty only) as cost of this litigation. The order is to be complied within 30 days on receipt of this order.

Pronounced in open Forum on this the day of 27^th February 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witnesses for the Complainant:

Nil.

Witnesses for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1 Series (6 numbers) Advance Receipt.

A2. Copy of Lawyer Notice. dt:06.03.2009.

A3. Postal Receipt. dt:06.03.2009.

A4. Certificate of Merit. dt:13.10.2008.

A5. Copy of Delivery Run Sheet. dt:27.03.2009.

A6. Envelop.

Exhibits for the Opposite Party:

Nil.