Date of filing : 24-06-2011
Date of order : 27-08-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 144/2011
Dated this, the 27th day of August 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Shybin John, } Complainant
S/o.V.A.John,
Vettiknnel House, Varanhoor,
Po.Kattippoyil, Via. Nileshwar,
Kasaragod Dist. Pin: 671314.
(Adv.K.N.Sreedharan, Hosdurg)
The Administrative Officer, } Opposite party
Padmavathi College of Medical Sciences,
Krishnagiri Main Road, NH.7,
POeriyanahalli, Po.Dharmapuri,
Tamilnadu. Pin: 635 205.
(Exparte)
O R D E R
SMT.K.G.BEENA,MEMBER
The gist of the complaint is that after completion of the Higher Secondary Education, the complainant designed to join for the course of Bachelor of Physiotherapy (BPT) 4 ½ years course in opposite party’s institution as per the notification seen in a Malayalam daily. Accordingly the complainant gave application and paid required part payment of the total course fee and arranged accommodation facility by paying advance deposit. After making all arrangements it is informed to the complainant from the office of opposite party that the classes are not starting on the announced date and will intimate another date soon. After one month when he approached the opposite party, it is informed to him that they are not intending to start the classes for the academic year 2010-2011.
The future of the complainant is in great dilemma. Hence the complaint for necessary redressal.
2. Eventhough notices were sent to opposite party by registered post with AD and the same was served to opposite party. They remained absent and had to be set exparte.
3. Complainant filed chief affidavit in support of his case and Exts A1 to A7 marked. As per Ext.A3 the date of part payment of the course fee was 11-8-2010. As per the direction of opposite party complainant arranged accommodation facility by paying advance deposit. He had spent about `5000/- towards transportation fare and other expenses for reaching the college of opposite party on three occasions. The opposite party informed the complainant that the classes are not starting on the date fixed and will intimate another date soon. Since there was no communication on the part of the opposite party, after one month the complainant again approached the opposite party. Then only it is informed to him that he is the only candidate for the said course and hence they are not intending to start the classes for the academic year 2010-2011. Due to the irresponsible act of the opposite party, the complainant lost the studies for the academic year 2010-11 and he lost the entire expectation of his career. Eventhough the complainant sent a registered notice, neither the opposite party complied the demands of the notice and not even send any reply for the same. The opposite party is bound to compensate loss sustained to the complainant. The complainant spent `25,000/- as part payment of course fee, advance deposit for arranging accommodation and transport charges to the college of opposite party. Eventhough the complainant had spent about `18,650/- to join BPT course the course was not started in the year 2010-11, as there were no applicants except the complainant for BPT course. Hence the opposite party did not start the course in the year 2010-2011 as per the notification they had given in the Malayalam Daily and that caused agony and monetary loss to the complainant. Though the complainant says that he lost one academic year, he has not produced any evidence to prove academic loss. Further he has no case that his original records were submitted before opposite party which prevent him from approaching other institutions.
In the result, complaint is allowed and opposite party is directed to refund `15,000/- which the complainant paid an advance for joining in the course with a compensation of `10,000/- and a cost of `3000/- within 30 days from the date of receipt of this order. Failing which the opposite party is directed to pay interest @ 12% per annum from the date of complaint till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.Notice showing the courses offered by OP.
A2.Receipt No.6639 of Rs.150/-
A3.11-8-2010 receipt for course fee of Rs.15000/-
A4.24-09-2010 Counter receipt of SBI, Kanhangad for Rs.3500/
A5. 29-09-2010 copy of Eligibility certificate.
A6.27-10-2010 copy of lawyer notice.
A7. Postal acknowledgement card.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
