DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD Dated this the 30th day of April 2010 .
Present : Smt. H. Seena, President : Smt. Preetha G. Nair, Member : Smt. Bhanumathi.A.K, Member
C.C.No.161/2009
Arun Raj S/o. Hari Narayanan Chakingal Kalam Nelliampadam Kunissery (P.O) Palakkad – 678 681. - Complainant (Party in person) V/s The Branch Manager Tandem Palakkad Branch Near Malayala Manorama T B Road Palakkad. - Opposite party (Adv. S.M. Unnikrishnan) O R D E R By Smt. Seena, H, President. The case of the complainant in brief: Complainant joined the opposite party institution for B Com degree course. An amount of Rs.2,500/- was paid as fees on 09/06/2009. Thereafter complainant got admission in Chittur College. When complainant claimed refund of the fees paid, opposite party informed the complainant that Rs.1,000/- has to be sent to the head office and the balance amount will be refunded only when the complainant join another student in his place. Complainant submits that he is student coming under the 'Below Poverty Line'. Inspite of several requests opposite party has not refunded the amount. The act of opposite party amounts to unfair trade practice and deficiency in service on their part. Hence the complaint.
Opposite party filed version contending the following.
Opposite party admits that the complainant has joined the institution by paying - 2 - Rs.2,500/- on 09/06/2009. According to opposite party, Rs.2,500/- is only part payment of the fees. Further in the declaration in the application form, it is specifically stated that the fees once paid will not be refunded under any circumstances. Declaration was signed understanding the stipulations. In the receipt issued also it is specifically stated. Moreover opposite party could not admit another student in the place of the complainant and hence lost one seat. According to opposite party, there is no deficiency in service on their part and the complaint is liable to be dismissed.
The evidence adduced consists of affidavit of both parties. Exhibit A1 and Exhibit A2 marked on the side of the complainant and Exhibit B1 to Exhibit B3 marked on the side of opposite party.
Issues for consideration:
Whether there is any deficiency in service on the part of opposite party? If so, what is the relief and cost complainant is entitled to?
Issues 1 & 2
We have gone through the entire evidence on record. The undisputed facts of the complaint is that he has joined for B.Com degree course with the opposite party's institution and an amount of Rs.2,500/- was paid as fees and later he left the institution for joining another college. The request for refund was defended by the opposite party on the ground that the clause “fees once paid will not be refunded” is noted in the prospectus, and in the receipt of the fees. Opposite party contended that as the complainant left the institution, opposite party lossed the full fee there by causing financial loss to the opposite party.
It is true that the complainant has not attended the class in the opposite party's institution for a single day. Opposite party cannot forfeit the entire fee paid by the - 3 - complainant for service not provided even though the fault is not with the opposite party and there is such a stipulation in the prospectus, receipt and application form. Complainant is a student coming under Below Poverty Line. Considering this as a special case, opposite party ought to have refunded the fees. Certificate showing complainant come under Below Poverty Line is produced and marked as Exhibit A2. Further loss occurs to the opposite party only when the seat remains vacant through the year. Opposite party has not produced any documents to substantiate this aspect.
In view of the above stated facts and circumstances of the case, we are of the view that the act of opposite party amounts to deficiency in service on their part.
In the result complaint allowed. Opposite party is directed to pay complainant an amount of Rs.2,250/- being the part of the fees paid together with Rs.500/- as cost of the proceedings. Order to be complied within one month from the date of communication of the order, failing which the whole amount shall carry interest @ 9% per annum from the date of order till realization.
Pronounced in the open court on this the 30th day of April, 2010. PRESIDENT (SD)
MEMBER (SD)
MEMBER (SD) APPENDIX Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 – Copy of receipt of Tandem dated 09/04/09 for Rs.2,500/-
2. Ext. A2 – Copy of certificate issued by Secretary, Erimayur Grama Panchayat - 4 -
Exhibits marked on the side of the Opposite Party 1. Ext. B1 – Copy of Application for Admission of Tandem 2. Ext. B2 – Fees Receipt of Tandem dated 09/06/09 for Rs.2,500/- 3. Ext. B3 - Prospectus for the year 2008-09 of Tandem Forums Exhibits Nil Costs Allowed Rs.500/- (Rupees Five hundred only)
| | HONORABLE Smt.Bhanumathi.A.K, Member | HONORABLE Smt.Seena.H, PRESIDENT | HONORABLE Smt.Preetha.G.Nair, Member | | 
