Kerala

Ernakulam

CC/13/487

LALJI P THOMAS - Complainant(s)

Versus

THE CHAIRMAN,KEE 2013,KARUNYA UNIVERSITY - Opp.Party(s)

30 Nov 2013

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM
ERNAKULAM
 
Complaint Case No. CC/13/487
 
1. LALJI P THOMAS
PARATHOTTU CHAKKALAMANNIL,MAZJID ROAD,NEAR JAMA MASJID,PUTHUKKALAVATTOM,ELAMAKKARA-682 026
...........Complainant(s)
Versus
1. THE CHAIRMAN,KEE 2013,KARUNYA UNIVERSITY
COIMBATHORE,TAMILNADU-641 014
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. A.RAJESH PRESIDENT
 HON'BLE MR. SHEEN JOSE MEMBER
 HON'BLE MRS. V.K BEENAKUMARI MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

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

 
 
[HONORABLE MR. A.RAJESH]
PRESIDENT
 
[HON'BLE MR. SHEEN JOSE]
MEMBER
 
[HON'BLE MRS. V.K BEENAKUMARI]
MEMBER

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