Andhra Pradesh

Chittoor-II at triputi

CC/59/2017

G.N.Chaitanya Sai, S/o G.S.Narendra Babu - Complainant(s)

Versus

The Correspondent, NRI Academy, Education Society - Opp.Party(s)

S.M.Jhan

25 Jul 2018

ORDER

Filing Date: 04.12.2017

Order Date:25.07.2018

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.T.Anand, President (FAC)

               Smt. T.Anitha, Member

 

 

 

WEDNESDAY THE TWENTY FIFTH DAY OF JULY, TWO THOUSAND AND EIGHTEEN

 

 

 

C.C.No.59/2017

 

 

Between

 

 

G.N.Chaitanya Sai (Minor),

Rep. by his father G.S.Narendra Babu,

Residing at Reddivari Street,

Damalchervu (V&P),

Pakala Mandal,

Chittoor District.                                                                              … Complainant.

 

And

 

 

The Correspondent,

NRI Academy, Education Society,

Flat No.198, New Balaji Colony,

M.R.Palli,

Tirupati,

Chittoor District.                                                                              …  Opposite party.

 

 

 

 

            This complaint coming on before us for final hearing on 12.07.18 and upon perusing the complaint and other relevant material papers on record and on hearing Sri.S.M.Jhan, counsel for complainant, and opposite party remained ex-parte, and having stood over till this day for consideration, this Forum makes the following:-

ORDER

DELIVERED BY SRI. T.ANAND, PRESIDENT (FAC)

ON BEHALF OF THE BENCH

           

            This complaint is filed under Section –12 of C.P.Act 1986, by the complainant seeking directions to opposite party to pay Rs.61,800/- already paid by the complainant, and in addition to pay compensation of Rs.50,000/- for undergoing mental agony.  

            2. The facts in brief as disclosed in the complaint are as follows:-  The complainant’s son joined as student in opposite party education society, to prosecute intermediate course. At the time of joining, the complainant has paid Rs.11,000/-      towards tuition fee, Rs.2,200/- towards miscellaneous expenses, Rs.1,800/- towards miscellaneous expenses, Rs.5,000/- towards miscellaneous expenses on 01.06.2016, and a sum Rs.5,000/- towards admission fee on the same day. In addition to that, the opposite party collected Rs.30,000/- on 31.07.2016, and further a sum of Rs.6,800/- towards books. Thus, a total sum of Rs.61,800/- was paid by the complainant. Two months thereafter, opposite party expelled the complainant from prosecuting studies for the reasons that complainant had questioned the hostel authorities for not supplying mineral water, hygienic food and other related services. They have returned the certificates to the complainant, but the amount paid by the complainant was not returned. Only after negotiations, the opposite party orally agreed to return Rs.13,300/-.

            3.  It is submitted that opposite party is running the hostel un-authorisedly without valid recognition and permission, and they collected huge amounts from the students and that fact came to the knowledge of Board of Intermediate Education, A.P. The complainant came to know that opposite party has no proper facility or infrastructure to run education society. They have not appointed qualified faculty to run education society and thus violated the rules and regulations. Thus, the opposite party has committed deficiency of service in running the institute. The opposite party failed to comply the demands made by the complainant for return of amounts paid by him. The complainant therefore suffered hardship mentally and physically. He filed petition under RTI Act to the Regional Inspection Officer, Board of Intermediate Education, Tirupati. They stated in column.4 that the opposite party has no permission to run hostel for the boys. Further the Board also issued show cause notice to the management of opposite party for violating rules and regulations. The complainant also issued legal notice dt:04.10.2017 calling upon the opposite party to pay Rs.55,000/- with future interest and another Rs.50,000/- towards compensation. The opposite party did not comply the demands of complainant even after receipt of notice. Hence the complainant filed the complaint seeking reliefs as indicated above.

            4.  The opposite party appeared through an advocate Sri.K.Thimma Reddy, and thereafter he did not make appearance in the Forum, and as such on 12.03.2018 he was set exparte for not filing written version.

            5.  The complainant filed evidence affidavit on 27.03.2018 and written arguments on 23.04.2018. In the meanwhile, opposite party filed I.A.No.13/2018 praying to set aside the exparte order passed against them and the said petition underwent several adjournments and finally on 28.06.2018, the petition was dismissed for default, as neither the petitioner nor the counsel made appearance.

            6.  This matter was proceeded in the absence of the opposite party.

            7.  In the chief affidavit, the complainant reiterated his stand as taken in the complaint. Exs.A1 to A10 are marked. Exs.A1, A2, A3, A4 and A5 are the receipts dt:01.06.2016 issued by the opposite party for the amounts Rs.11,000/-, Rs.2,200/-, Rs.1,800/-, Rs.5,000/- and another Rs.5,000/-. Ex.A6 is the consolidated receipt showing the total payments made by PW-1 for Rs.30,000/- on 31.07.2016. According to PW-1, he paid total sum of Rs.61,800/- to the opposite party. Ex.A7 is the letter from Regional Inspection Officer, Board of Intermediate Education, to the complainant, which shows that no permission is given to run the hostel for boys, and the Board of Intermediate Education also issued show cause notice to all the managements to seek permission. The counsel for the complainant submitted that without seeking permission to run the hostel for boys, the opposite party has collected the amounts and thus committed deficiency of service. Ex.A7 proves that there is no permission for opposite party to run hostel for boys. Ex.A8 is the show cause notice dt:25.04.2017 issued by Board of Intermediate Education with regard to unauthorized functioning of hostels in private junior colleges without prior permission of the competent authority and violation of rules and regulations. The said notice was also addressed to the opposite party as per Ex.A8. Ex.A9 is the legal notice dt:04.10.2017 issued by PW-1 counsel to opposite party – correspondent, making demand to pay entire amount paid by PW-1 i.e. Rs.55,000/- within 15 days along with interest and also claimed compensation of Rs.50,000/-. Ex.A10 is the postal acknowledgement showing receipt of original of Ex.A9 by opposite party.

            8.  Since the opposite party remained exparte and did not contest the matter, it can be safely concluded on the basis of Exs.A1 to A10, that the complainant’s son who is minor initially got admitted in the intermediate course and stayed in the hostel and thereafter he was expelled by opposite party in the month of August 2016.  Regarding deficiency of service, it is clear from Exs.A7 and A8 that the hostel for boys was run by opposite party without seeking permission from competent authorities and thus violated rules and regulations. The evidence of PW-1 that the complainant’s son was expelled from the education society, when he questioned about hygienic conditions in the hostel went unchallenged in the absence of contra evidence. Hence, we are of the opinion that complainant has proved that there is deficiency of service on the part of opposite party. The total amount paid by the complainant is Rs.55,000/- as per Exs.A1 to A6. But as per the complaint, he claimed a sum of Rs.61,800/-. No documentary evidence is filed to prove that a total sum of Rs.61,800/- was paid by the complainant. However, we are of the view that the complainant has paid Rs.55,000/- as per documentary proof produced by him. Accordingly, this complaint is allowed.

            9.  In the result, complaint is partly allowed directing the opposite party to pay Rs.55,000/- (Rupees fifty five thousand only), paid by the complainant on behalf of his minor son, in addition a sum of Rs.5,000/- (Rupees five thousand only) towards compensation for the mental agony suffered, and a sum of Rs.2,000/- (Rupees two thousand only) towards litigation expenses, within a period of two months, failing which, the award amount of Rs.60,000/- shall carry interest at 9% p.a., from the date of this order, till realization.                     

Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 25^th day of July, 2018.

 

       Sd/-                                                                                                                      Sd/-                                      

Lady Member                                                                                               President (FAC)

 

 

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: G.S. Narendra Babu (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

-NIL-

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Original copy of Cash Receipt of  NRI Educational Society, Andhra Pradesh and Telangana State,  Cash Receipt bearing No. 57861 for Rs. 11,000/-. Dt: 01.06.2016.
	Original copy of Miscellaneous Receipt of NRI Educational Society, Andhra Pradesh and Telangana State,  Miscellaneous Receipt bearing No.0005 for Rs. 2,200/-.  Dt: 01.06.2016.
	Original copy of Miscellaneous Receipt of NRI Educational Society, Andhra Pradesh and Telangana State,  Miscellaneous Receipt bearing No.42062 for Rs.1,800/-. Dt: 01.06.2016.
	Original copy of Miscellaneous Receipt of NRI Educational Society, Andhra Pradesh and Telangana State,  Miscellaneous Receipt bearing No.18023 for Rs.5,000/-. Dt: 01.06.2016.
	Original copy of Temporary Cash Receipt. Dt: 01.06.2016.
	Original copy of COM Receipt of NRI Educational Society, Andhra Pradesh and Telangana State, COM Receipt bearing No. 201607046731116 for Rs.49,000/-. Dt: 31.07.2016.
	Letter from Sri K. Muneiah, Regional Inspection Officer, Board of Intermediate Education, Tirupati-517 501 in original. Dt: 17.07.2017.
	Show Cause Notice issued by Board of Intermediate Education, Andhra Pradesh represented by Secretary. Dt: 25.04.2017.
	Office copy of Legal Notice. Dt: 04.10.2017.
	Postal acknowledgement filed by the complainant. Dt: 11.10.2017.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

 

 

                                                                                                                          Sd/-

                                                                                                                      President

    

// TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

          Dist. Consumer Forum-II, Tirupati.

       

    

   Copies to:- 1.  The complainant.

                        2.  The opposite party.