Tamil Nadu

South Chennai

330/2007

M.Rahul - Complainant(s)

Versus

The Correspondent SRM Institute of Science and Technology & other - Opp.Party(s)

R.Karunagaran , S.Saritha

21 Dec 2017

ORDER

                                                                        Date of Filing :   30.07.2007

                                                                        Date of Order :   21.12.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.330/2007

THURSDAY THIS 21^st DAY OF DECEMBER 2017

M. Rahul,

S/o. M. Ravindra Reddy,

Student, Plot No.18,

Shatinagar, Nellore 524 003.                   .. Complainant

 

                                        ..Vs..

 

1.  The Correspondent,

SRM Institute of Science & Technology,

Administration Office,  

3, Veerasamy Street, West Mambalam,

Chennai 600 033.

 

2. Mr. Radhakrishna,

Administrative Officer,

SRM Institute of Science & Technology,

Administration office,

3, Veerasamy Street, West Mambalam,

Chennai 600 033.

 

3. The Principal,

SRM Institute of Science & Technology,

SRM Nagar,

Kattankulathur 603 203.

 

4. Chaitanya Consultancy,

Room No.5, Raju Buidings,

Opposite : District Court,

Trunk Road, Nellore. 

 

Counsel for Complainant            :    M/s.R.Karunagaran & others            

Counsel for opposite parties      :    M/s. V.Raghavachari  & others  

 

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties 1^st to 3^rd opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.7,06,500/- with interest  and also to pay cost of the complaint.

1. The averment of the complaint in brief are as follows:

         The complainant submit that he joined as a student of the 1^st opposite party Engineering College name as SRM Institute of Science & Technology under the option  of Mechanics.  The said course is for four years commencing from the academic year 2004 -2005.  The complainant approached the opposite party-4 immediately after admission for hostel on 16.7.2004 and deposited a sum of Rs.25,000/-  and a sum of Rs.1,00,000/- towards the part of the admission fee.     The complainant has to come from Nellore 45 kms  away from college.  Hence the complainant is in dair  need to hostel.   The complainant approached the opposite party-1 on 22.7.2004 and deposited a sum of Rs.25,000/- towards hostel fees.  On 30.9.2004 he received intimation dated 28.9.2004 from the opposite party-3 regretting about the inability of the institution in readily accommodating the complainant hostel after receipt of such huge amount.   since the opposite parties has not provided the basic requirements of hostel facility and the complainant is lured with several facilities and denied totally after the receipt of several lakhs including hostel fees, college fees etc. caused great mental agony to the complainant.   Hence the complainant was constrained to leave the college and discontinued the education.   The complainant issued notice on 23.6.2005  requesting to refund the admission fee and other deposits aggravating Rs.1,75,000/- with interest at the rate of 18% p.a. and compensation and the same was received the opposite parties denying the demand for refund of fee.   As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in the Written Version filed by the  opposite parties is  as follows:

      The  opposite parties deny each and every allegations except those that are specifically admitted herein.   The opposite parties submit that the complainant sought admission in B.Tech Mechanical Branch on payment of the fee of Rs.1,00,000/- paid in cash on 16.7.2004 besides a sum of Rs.25,000/- on 22.7.2004.   He had submitted the relevant certificate before seeking admission.  At the time of the said admission no promise was ever made out that he would be given hostel accommodation to coincide with the college admission despite the fact he submitted a demand draft for Rs.25,000/- drawn in favour of warden, S.R.M. Hostel.   In fact in a letter dated 28.9.2004 the Principal of the S.R.M. Institute of Science & Technology addressed a letter to father of the complainant herein that his son was placed as a waitlisted student carrying serial No.99 for hostel accommodation and that the hostel management authorities having intimated the Principal about non-availability of accommodation in the hostel during the academic year 2004-2005 and that the SRM Engineering College regrets to inform his son M.Rahul’s requisition for hostel accommodation having been declined.  Further the opposite parties state that the complainant lost one academic year is of his own make and  opposite party is not responsible.   The opposite party cannot be found fault with for the deliberate, intentional act of the complainant to discontinue his studies.    Hence there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A9 marked.  Proof affidavit of opposite parties not filed and no documents   marked on the side of the  opposite parties.

4.   The points for the consideration is: 

Whether the complainant is entitled to a sum of Rs.7,06,500/- with interest as prayed for with cost. ?

 

5.  ON POINT : -

         Admittedly the complainant joined as a student of the 1^st opposite party Engineering College named as SRM Institute of Science & Technology under the option  of Mechanics.  The said course is for four years commencing from the academic year 2004 -2005.  The complainant approached the opposite party-4 immediately after admission for hostel on 16.7.2004 and deposited a sum of Rs.25,000/-  and a sum of Rs.1,00,000/- towards the part of the admission fee as per Ex.A1 & Ex.A2.     The complainant has to come from Nellore 45 kms  away from college.  Hence the complainant is in dair need to hostel.   The complainant approached the opposite party-1 on 22.7.2004 and deposited a sum of Rs.25,000/- towards hostel fees as per Ex.A4 & Ex.A5.  On 30.9.2004 he received intimation dated 28.9.2004 from the opposite party-3 regretting about the inability of the institution in readily accommodating the complainant hostel after receipt of such huge amount as per Ex.A6.   since the opposite parties has not provided the basic requirements of hostel facility and the complainant is lured with several facilities and denied totally after the receipt of several lakhs including hostel fees, college fees etc. caused great mental agony to the complainant.   Hence the complainant was constrained to leave the college and discontinued the education.   The complainant issued notice Ex.A7 requesting to refund the admission fee and other deposits aggravating Rs.1,75,000/- with interest at the rate of 18% p.a. and compensation.    Further the complainant contended that due to such unfair trade practice committed by the opposite parties.  The complainant had lost one academic carrier resulting huge damage.  Even though the complainant claiming a sum of Rs.5,00,000/- towards for such mental agony.

6.     The contention of the opposite parties is that the complainant voluntarily sought for admission in B.Tech Mechanical Brach on payment of the fee of Rs.1,00,000/- under receipt No.5876, dated 16.7.2004 besides a sum of Rs.25,000/- on 22.7.2004.   The complainant also submitted the  relevant certificate before seeking admission.   Further the contention of the opposite parties is that no promise or assurance given to the complainant for hostel accommodation.    But the opposite parties admittedly having collected a sum of Rs.25,000/- towards hostel admission.    Further the contention of opposite parties is that the Principal of the S.R.M  Institute of Science & Technology addressed a letter to Sri M. Ravindra Reddy father of the complainant  that his son was placed as a waitlisted student carrying serial No.99 for hostel accommodation and that the hostel  management authorities also intimated the Principal about non-availability of accommodation during the academic year 2004- 2005, establishes that without any    basis the opposite parties collected a sum of  Rs.25,000/- towards hostel fees.   Further the opposite parties has not denied that when the admission was granted to the complainant they have been lured with the facilities  of various kinds and other things including hostel and collected huge amount.  Further it is also not denied that the complainant is hailing from Nellore far away from the college requires; hostel facilities and received amount quite early and denied such facility which amounts to unfair trade practice.  The opposite party also has not denied that due to non-availability of hostel, deficiency in service and unfair trade practice.   Further the complainant was not able to continue the  education in one year and left the institution caused irreparable loss and damage is also established from the records.   Considering the facts and circumstances of the case this forum is of the considered view that the  opposite parties 1 to 3 are jointly and severally liable to pay a sum of Rs.1,75,000/- with interest at the rate of 9% p.a. from the date of complaint i.e 30.7.2007  to till the date of this order i.e. 21.12.2017 and shall pay compensation of aRs.50,000/- towards mental agony with cost of Rs.5,000/-   and no order as against the 4^th opposite party. The point is answered accordingly.

In the result the complaint is allowed in part.  The  opposite parties 1 to 3 are jointly and severally liable to pay a sum of Rs.1,75,000/- (Rupees One lakh and Seventy five thousand only) with interest at the rate of 9% p.a. from the date of complaint i.e 30.7.2007  to till the date of this order i.e. 21.12.2017 and shall pay compensation of Rs.50,000/- (Rupees Fifty thousand only) towards mental agony with cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.   No order as against the 4^th opposite party.  

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  21^st  day  of  December  2017.  

 

 MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-  22.7.2004 - Copy of Admission card.

Ex.A2- 16.7.2004 - Copy of receipt issued by opp. party.

Ex.A3- 22.7.2004  - Copy of receipt issued by opp. party.

Ex.A4-                  - Copy of Ack. Card.

Ex.A5-                  - Copy of cheque issued by the complainant.

Ex.A6- 22.9.2004  - Copy of letter issued by opposite party.

Ex.A7- 23.6.2009  - Copy of legal notice.

Ex.A8-                - Ack.  Cards.

Ex.A9- 10.7.2005  - Copy of Reply notice.

 

Opposite parties’ side document: -         Nil 

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.