BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 30th day of November 2013
Filed on : 08/07/2013
PRESENT:
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No.487/2013
Between
Lalji P. Thomas, : Complainant
Parathottu Chakkalamannil, (party-in-person)
Mazjid road, Near Jama Masjid,
Puthukkalavattom,
Elamakkara-682 026.
Vs
The Chairman, : Opposite party
KEE 2013, Karunya University, (Absent)
Coimbathore,
Tamil Nadu-641 014.
O R D E R
Sheen Jose, Member.
The case of the complainant is as follows:
The complainant approached this Forum for and on behalf of his son Mr. Pavan Thomas with regard to the admission of engineering course in the opposite party’s institution. For the same the complainant obtained an application form for an amount of Rs. 750/-. The opposite party issued the hall ticket to the complainant. On the very next day i.e. on 27-04-2013 the complainant and his son reached the examination centre and submitted the concerned documents. After perusing the documents the opposite party said that everything was O.K. except community certificate from Church. The complainant brought the certificate within 10.15 a.m. on the same day but they declined admission to the examination. The community certificate is not must for any written examination. Instructions to the candidates are violated by the opposite party. The inaction on the part of the opposite party caused irreparable mental agony and desperation to the complainant and his whole family. The demand to return the application fee was denied by the opposite party. The above conduct of the opposite party amounts to deficiency in service and the complainant is entitled to get compensation of Rs. 2,00,000/- together with costs of this proceedings. Hence this complaint.
2. Despite service of notice from this Forum the opposite party opted to remain absent during the proceedings for their own reasons. The documents filed by the complainant was marked as Exts. A1 to A6 marked. Heard the complainant who appeared in person.
3. The following points arose for consideration:
i. Whether the complainant is entitled to get refund of Rs. 750/-
from the opposite party?
ii. Whether the complainant is entitled to get costs of the proceedings
and compensation if any?
4. Point No. i. The case of the complainant is that on submission of proper application for entrance examination for admission to the Engineering Course with the opposite party, they denied admission to the complainant’s son to attend the examination stating that community certificate is not enclosed with the application. On a perusal of Ext. A2 it can be seen that the opposite party issued a hall ticket to the complainant’s son, for the entrance examination. In that case the candidate is eligible in attending examination. According to the complainant the opposite party demanded community certificate of his son at the 11th hour. Even though he could submit the same by 10.15 a.m., the opposite party did not permit him to appear for the entrance examination. We are of the view that community certificate is not mandatory for the
written examination. So the opposite party is legally liable to refund Rs. 750/- to the complainant together with interest at the rate of 12% p.a. to meet the ends of justice especially when nothing is on record to controvert the averments of the complainant.
5. Point No. ii. After collecting the application fee the opposite party denied complainant’s son to attend the examination and so the complainant had to approach this forum to get his grievance redressed. We are of the firm view that the above denial amounts to deficiency in service on the part of the opposite party. Thereby the complainant had to suffer mental agony and inconveniences which is to be adequately compensated. We are of the view that an award of Rs. 10,000/- towards compensation and Rs. 1,000/- towards costs of the proceedings is enough to ventilate the grievances of the complainant.
6. In the result, we partly allow this complaint and direct as follows.
i. the opposite party shall refund Rs. 750/- which was received by the
opposite party towards application fee with interest at the rate of
12% p.a. from the date of the complaint till realization.
ii. The opposite party shall also pay Rs. 10,000/- towards
compensation and Rs. 1,000/- towards costs of the proceedings
to the complainant.
The above said order shall be complied with within a period of 30 days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 30th day of November 2013.
Sd/-
Sheen Jose, Member.
Sd/-
A Rajesh, President.
Sd/-
Beena Kumari V.K.,Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of receipt dt. 26-04-2013
A2 : Copy of temporary hall ticket
A3 : copy of certificate dt. 27-04-201
A4 : Copy of lawyer notice dt. 06-05-2013
A5 : Copy of postal receipt
A6 : Copy of A.D. card
Opposite party’s exhibits : Nil
