The Correspondent, Bomma Institute of Informatics, Behind Eenadu Office, Allipuram, Khammam Urban Mandal, Khammam Dist.
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
BEFORE THE DISTRICT CONSUMERS FORUM AT KHAMMAM Dated this, the 20th day of April, 2010 CORAM: 1. Sri Vijay Kumar, B.Com., L.L.B. - President, 2. Smt.V.Vijaya Rekha B.Sc. B.L. - Member 3. Sri R. Kiran Kumar, B.Sc. L.L.B - Member C.C. No.87/2009 Between: Kalluru Srikanth S/o Veerabhadra Chary, Age:23years, Occu: Student, R/o Pinapaka (V),Thallada (M), Khammam District Complainant and The Correspondent, Bomma Institute of Informatics, Behind Eenadu Office, Allipuram, Khammam Urban (M), Khammam District Opposite parties This C.C. is coming on before us for hearing, the complainant appeared in person and in the presence of Sri. H. Sri Rama Rao, Advocate for opposite party; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:- O R D E R (Per Smt.V.Vijaya Rekha, Member) 1. This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. The brief facts of the complaint are that the complainant joined in MCA Course in the college of opposite party during the academic years 2008-2009 to 2010-2011 under convener quota by attending the counseling and paid required fees as per norms and appeared first semester examination in the month of January, 2009. Since May 2009, the complainant discontinued the college for preparation of D.Sc examination and after getting rank in D.Sc. examination, intended to stop his studies in the college of opposite party and requested them to return the original certificates, which were furnished at the time of counseling, but the opposite party did not handover the certificates. After making many rounds, the opposite party demanded to pay second year fee of Rs.26,700/- for that purpose. As such the complainant paid the same, but it did not return the transfer certificate even after receipt of Rs.26,700/-. Despite many requests, neither returned the transfer certificate nor refunded the fee, collected for second year and bluntly refused to do so, which amounts to deficiency of service and seeks redressal by praying to direct the opposite party to handover the transfer certificate to the complainant and to refund an amount of Rs.26,700/-, collected by the opposite party towards tution fee for second year and Rs.50,000/- towards damages and costs. 2. Along with the complaint, the complainant filed affidavit and also filed cash receipt for Rs.26,700/- dated 24-08-2009, endorsed on behalf of opposite party, which is marked as Ex.A1. Along with a memo the complainant filed Xerox copy of transfer certificate, which was issued during the course of proceedings and got it marked as Ex.A2. 3. After receipt of notice, the opposite party appeared through its counsel and filed counter by denying the averments made in the complaint. 4. In the counter the opposite party admitted that the complainant got admission in its institution in the year 2008 in MCA Course by paying the first year fees under convener quota and denied the other averments regarding the collection of second year fees for issuance of original certificates and submitted that the opposite party already issued the original certificates except transfer certificate by the reason of, the complainant will loose the seat for remaining course when it was issued and no damage caused to the complainant. The opposite party further submitted that they are ready to issue the transfer certificate without collecting third year fee but the complainant is not entitled to the second year fees as the seat is kept vacant for remaining years. The opposite party further submitted that the complainant had appeared first semester in the month of January 2009 and continue his studies till August 2009 and paid the second year fees on 24-08-2009 as such the complainant is not entitled to the amount paid towards second year fees of Rs.26,700/-. As such there is no deficiency on the part of them and prayed to dismiss the complaint. 5. In view of the above submissions, now the point for consideration is whether the complainant entitled the relief as prayed for? 6. It is an admitted fact that the complainant joined as a student in the college of opposite party in MCA Course for the academic year 2008-2009 to 2010-2011 and paid first year fees as per norms of opposite party and after completion of first semester in the month of January 2009, intended to prepare D.Sc. examination and discontinued the college since May 2009 and obtained the rank in D.Sc. examination, he approached the opposite party for required certificates, which was furnished to the opposite party at the time of joining in MCA Course. Instead of handing over the certificates along with the transfer certificate, the opposite party collected Rs.26,700/- towards second year fees, which is evidenced under Ex.A1. However the opposite party did not handover the transfer certificate even after payment of second year fees as demanded. Collection of fees without services is illegal and against the principles of natural justice and in instant case the complainant discontinued his studies from May 2009. In support of his averments the complainant filed transfer certificate, issued by opposite party, which is marked as Ex.A2 and as per Ex.A2 the date of admission in first year PG Course was mentioned as 11-07-2008 and in the 11th column of Ex.A2 the complainant discontinued his studies in 1st year MCA and after completion of 1st semester he discontinued second semester of 1st year MCA as such it is clear that the opposite party collected the fees even after withdrawal of his studies. On the other hand, the opposite party contended that the complainant attended the college till August 2009. As such they collected the second year fees on 24-08-2009 and there is no deficiency on the part of them. But in support of its averments the opposite party did not file any material by way of filing attendance register or any other equalant proof, when did he actually discontinued from the opposite partys college as such the contention raised by the opposite party regarding the collection of fees for second year is not sustainable and it is the case of the complainant that he discontinued his studies since May 2009, even though, the opposite party illegally collected Rs.26,700/- for second year, which is evidenced under Ex.A1 as such it is clear that the opposite party collected Rs.26,700/- towards second year fees without providing its services to the complainant and in view of the above circumstances, we are of the opinion that the service provider can not forfeit the fees or consideration for services which are not provided and such forfeiture amounts to unfair trade practice and any term of contract in respect of same unconscionable and void and the institutions are not entitled to retain entire fees, and the balance should be refunded. In Nipun Nagar Vs. Symbiosis Institute International Business, the Honorable National Commission expressed the same view. 7. In view of the above discussion the opposite party is liable to refund the second year fees to the complainant, which is retained with them and to pay some damages for causing inconvenience to the complainant. As such the point is answered accordingly in favour of the complainant. 8. In the result, we direct the opposite party to refund Rs.26,700/-, which was collected by them towards second year fees and Rs.1000/- towards compensation and Rs.500/- towards costs of the litigation. Typed to my dictation, Corrected and pronounced by us, in this Forum on this of 20th April, 2010. President Member Member District Consumers Forum, Khammam APPENDIX OF EVIDENCE Witnesses examined for complainant: -Nil- Witnesses examined for opposite parties: -Nil- Exhibits marked for complainant: Ex.A1: Cash bill dated 09-01-2009 for Rs.580/-. Ex.A2: Xerox copy of transfer certificate. President Member Member District Consumers Forum, Khammam
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