Tamil Nadu

North Chennai

CC/31/2018

Mr.T.Prithiviraj S/o.Thangavel - Complainant(s)

Versus

The Chairman Narayana Eductional Society - Opp.Party(s)

M/s.Jai Ganesh

02 Jan 2019

ORDER

 

                                                            Complaint presented on:  15.02.2018

                                                                Order pronounced on:  02.01.2019

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd 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 02^nd  DAY OF JANUARY 2019

 

C.C.NO.31/2018

 

Mr.T.Prithiviraj,

S/o.Thangavelu, No.403, 1^st Floor, 6^th 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 02^nd   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
Ex.A2 dated 05.01.2018	Transfer Letter and Bonafide Certificate issued by the opposite parties
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
Ex.A5 dated 02.02.2018	Reply notice sent by the opposite parties to the complainant

 

 

                                               

MEMBER – I                                                               PRESIDENT