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Mr.T.Prithiviraj S/o.Thangavel filed a consumer case on 02 Jan 2019 against The Chairman Narayana Eductional Society in the North Chennai Consumer Court. The case no is CC/31/2018 and the judgment uploaded on 12 Feb 2019.
Complaint presented on: 15.02.2018
Order pronounced on: 02.01.2019
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL- PRESIDENT
TMT.P.V.JEYANTHI B.A., MEMBER - I
WEDNESDAY THE 02nd DAY OF JANUARY 2019
C.C.NO.31/2018
Mr.T.Prithiviraj,
S/o.Thangavelu, No.403, 1st Floor, 6th Block,
M.M.D.A. Colony, Maduravoyal,
Chennai – 600 095.
….. Complainant
..Vs..
1.The Chairman,
Narayana Educational Society,
Narayana E-Techno School,
No.9, Meenakshi Street,
Karthikeyan Nagar, Maduravoyal,
Chennai – 600 095.
2. The Secretary,
Narayana Educational Society,
Narayana E-Techno School,
No.09, Meenakshi Street,
Karthikeyan Nagar, Maduravoyal,
Chennai – 600 095.
| .....Opposite Parties |
|
Date of complaint : 15.03.2018
Counsel for Complainant : M/s. Jai Ganesh
Counsel for Opposite Parties : Ex – parte (on 25.09.2018)
O R D E R
BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL
This complaint is filed by the complainant to direct the opposite parties to pay a sum of Rs.6,000/- towards admission fees and also to pay a sum of Rs.10,00,000/- towards compensation for harassment and suffering and mental agony with cost of the complaint u/s 12 of the Consumer Protection Act.1986.
1.THE COMPLAINT IN BRIEF:
The case of the Complainant is that his son Master. P. Vimal has admitted in the opposite parties concern in Class –I in the year 2017. The Complainant has paid the initial amount of Rs.6,000/- towards fees and the management has instructed the complainant to pay the balance fees in two halves first Rs.30,000/- by December 2017 and Rs.30,000/- by January 2018. Before getting admitted the complainant has submitted all the certificates as instructed by opposite parties at Pebbles learning centre situated at Arumbakkam and the certificates issued by them proves that the child has got good capacity. His son was sent out of the school by giving T.C and Bonafide certificate after 7 days of his entry making some remarks, which made the complainant to suffer mentally and intentionally to defame him. The amount paid by the complainant is not refunded and he estimated the sufferings as damages for Rs.10,00,000/- and filed this complaint.
2. The opposite parties called absent and they were set Ex – parte.
3. POINTS FOR CONSIDERATION:
1. Whether there is deficiency in service on the part of the opposite parties?
2. Whether the complainant is entitled to any relief? If so to what extent?
4. POINT NO :1
Occupational therapy assessment report & progress report, progress report on Special Education & Progress Report are in Ex.A1 series. Bonafide Certificate issued to the complainant by the opposite parties is Ex.A2. As per the Bonafide certificate the son of the complainant has studied in the opposite parties school only for 7 days. Legal notice given to opposite parties on 11.01.2018 and its acknowledgement are in Ex.A3 series. Again a legal notice was issued on 30.01.2018 to the opposite parties with the returned cover is Ex.A4 series. The letter was replied by opposite parties in Ex.A5, wherein the allegation made by the complainant is totally denied. The Complainant has not filed any receipt for the payment of Rs. 6,000/- towards admission fee as alleged by him. But opposite parties had admitted in his reply in Ex.A5, that the complainant had paid Rs.5,000/- only for reservation of admission for his son and his request for return of the amount was kept under consideration for the reason that the child was suffered from ADHD problem. Even though the other averments are also denied by opposite parties in their reply notice, they have not come forward either to contest the case by submitting the documents relied upon within reply notice nor to disprove the same before the Forum. The opposite parties have refused to receive the notice and they have not come forward to appear before the Forum and have not chosen to disprove the case of the complainant. The opposite parties has replied in their reply notice that the complainant himself has voluntarily withdrawn the admission is not proved by the opposite parties by submitting the relevant records. Therefore the case of the complainant has to be accepted as true as per the documents and affidavit submitted by the complainant and the complainant is entitled to get the refund of the amount paid for the admission for his child.
05. POINT NO:2
As discussed by us in point No.1 , opposite parties are entitled to refund the amount of Rs. 5,000/- as admitted by the opposite parties in their reply notice. The complainant has not filed any proof for the loss of his earning of Rs.50,000/- per month earlier and for the present status also. But as per the complainant’ report, his sufferings of mental agony due to the isolated treatment shown towards his son by the opposite parties and rejection of his son’s admission is to be accepted as explained by the complainant, since it is not disproved by opposite parties. Therefore it is fit to order Rs.10,000/- as compensation for the same.
In the result, the complaint is partly allowed. The opposite parties jointly or severally are ordered to refund a sum of Rs. 5,000/-(Rupees five thousand only) to the complainant and also to pay a sum of Rs.10,000/-(Rupees ten thousand only) as compensation for mental agony, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.
The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of the payment.
Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 02nd day of January 2019.
MEMBER – I PRESIDENT
LIST OF DOCUMENTS FILED BY THE COMPLAINANT:
Ex.A1 dated 05.01.2015 | Progress Report issued by the Pebbles Learned Centre
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Ex.A2 dated 05.01.2018 | Transfer Letter and Bonafide Certificate issued by the opposite parties
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Ex.A3 dated 11.01.2018 | Legal notice sent by the complainant to the opposite parties with acknowledgement due
|
Ex.A4 dated 30.01.2018 | Legal notice sent by the complainant to the opposite parties with return cover
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Ex.A5 dated 02.02.2018 | Reply notice sent by the opposite parties to the complainant |
MEMBER – I PRESIDENT
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