Andhra Pradesh

Visakhapatnam-II

CC/436/2011

Cheedi Vijaya Kiran - Complainant(s)

Versus

The Director - Opp.Party(s)

Ch. Ravi Kumar

30 Dec 2014

ORDER

Reg.of the Complaint:15-11-2011

                                                                                                                                 Date of Order:30-12-2014

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

      President

2.Sri C.V.N. RAO, M.A., B.L.,

                                             Male Member

 

TUESDAY, THE 30^TH DAY OF DECEMBER, 2014

CONSUMER CASE NO.436/2011

 

BETWEEN:

CHEEDI VIJAYA KIRAN, S/O CHEEDI RAVI KUMAR,

HINDU, AGED 20 YEARS, R/O D.NO.50-93-3/2/9,

F.F.4, SRINIVASA RESIDENCY, SANTHIPURAM,

VISAKHAPATNAM.

…COMPLAINANT

AND:

THE DIRECTOR, REP. BY N.V. KRISHNA RAO,

SREE SADHANA EDUCATIONAL INSTITUTIONS,

5^TH LANE, DWARAKANAGAR, VISAKHAPATNAM-530 016.

 

…OPPOSITE PARTY

This case coming on 09-12-2014 for final hearing before us in the presence of SRI.CH.RAVI KUMAR and the SRI A.N.M.KRISHNA, Advocate for the OP, and having stood over till this date for    consideration, this Forum made the following.

 

ORDER

(As per the Honourable President on behalf of the Bench)

1.     The present complaint is filed by the Complainant against the OP to repay an amount of Rs.15,000/- with accrued interest @ 24% p.a., for the deficiency in service and to neglect in conducting the course; to pay Rs.50,000/- for compensation and costs.

2.     The case of the complainant in brief is that after completion of Intermediate course in the year 2008 as he failed to get Diploma in Computer Science in Government College, he approached the OP that is
Sri Sadhana Educational Institution to the same through centre for a Distant Education through that institution and after due consultation with the Director, the OP agreed to conduct the above course and took an advance cheque dated 26-01-2008 for Rs15,000/- from his father and gave an advance receipt stating that Rs.10,000/- on 18-01-2008, Rs.5,000/- on 26-01-2008 who did not conduct any Distance Education Course for Diploma in Computer Science to him in spite of receipt of the aforesaid amounts, thereby vexed with the attitude of the OP, the complainant approached the OP either to conduct examination or to repay the amount paid by him on that they never replied nor conducted the above course. Later, he addressed letters requested the OP to return back the amount and when there is no response, we finally got issued legal notice dated   12-05-2011, demanding to repay the amount with interest, as there is no reply, he filed the present compliant.

3.     The case of the OP, denying the material averments, contended that as per the rules and regulations of the Educational Institutions once the applicant signed Admission Application along with declaration, has to abide by the rules of the Instruction.  He also contended that the complainant has not attended even a single class and also the examination till today. As such, after joining, the complainant was treated as discontinued because of the non attendance to the class and examinations and failed this compliant to grab the money for illegal gain. Therefore, the complaint is liable to be dismissed.

4.     To prove the case on behalf of the complainant, he filed his Sworn affidavit and so also the OP filed its affidavit and got marked Exhibits A1 to A7 for the complainant and Exhibit B1 is marked on behalf of the OP.

5.     Both parties filed their written arguments.

6.     Heard both sides.

7.     Exhibit A1 is the Cash Receipt dated 18-01-2008,    Exhibit A2 is the Cheque bearing No.314588 for Rs.15,000/- dated 26-01-2008, Exhibit A3 is the Representation of the complainant dated 30-11-2009, Exhibit A4 is the Representation of the complainant dated 21-12-2010, Exhibit A5 is the Visiting cards of the OP (courses Offered), Exhibit A6 is the  Legal Notice dated 12-05-2011, Exhibit A7 is the returned cover with ack. Due dated 21-05-2011.

8.     Now the point that would arise for determination in this case is?

Whether there is any deficiency of service on the part of the OP and the complainant is entitled to any reliefs asked for?

9.     As seen from the Counter averments as well as Evidence Affidavit of the OP, it appears that the complainant was admitted in their institution but according to them as per rules and regulations, their institution once the Applicant sent Admission Application along with declaration, he has to obey the rules of the College and that since the complaint has not attended classes he was treated as discontinued. From these facts, it can be easily inferred that the complainant paid Rs.15,000/- for his admission as contended by him. The OP did not file the rules and regulations of their Educational Institutions  to prove their case. They filed Exhibit B1 stating that the complainant joined in Ratnam College of IT Management on       18-01-2008 which could not be considered as there is no pleading, he comes forward with such a plea, as an afterthought, for the reasons best known to them.

10.    On a careful reading of the sworn affidavit of the complainant, it can be held that in order to Study Diploma Course, he paid Rs.15,000/- to the OP on 18-01-2008 and a receipt was passed vide Exhibit A1, A2, A3 and A4 do reveal that he addressed letters to the OP for repayment of the amount but there was no response and finally got issued Legal Notice vide Exhibit A6 and when there is no proper response, he filed the present compliant. As seen from evidence, we held that from the acts of the OP, it is very clear that there is deficiency of service on their part, therefore, the complainant is entitled to receive an amount of Rs.15,000/- from the OP.

11.    Now the question that comes up for consideration, at this stage of our discussion is, what is the rate of interest, for which the Complainant is entitled.   The rate of interest claimed by the Complainant is 24% p.a.  This rate of interest claimed by the Complainant appears to be excessive. Of course, it is a fact that the transaction covered by Ex.A1 is in commercial in nature, but that does not and cannot mean to say that the Complainant is licensed to claim interest @ 24% p.a. on Ex.A4.     But at the same time, it is imperative on our part to award a reasonable interest.   Having regard to all these facts and circumstances, we sincerely feel having considered the case on hand awarding of interest @ 12% p.a. would better serve the ends of justice.    Consequently, we proposed to fix the rate in question @ 12% p.a. on Ex.A1 in question.   Accordingly interest is ordered.

12.    Whether the Complainant is entitled for compensation of Rs.50,000/- is to be considered.   It appears as seen from the evidence of the Complainant that the Complainant was compelled to approach the Opposite Party and therefore experienced a lot of physical strain besides mental agony and financial loss.   It is an un-dispute fact that the Opposite Party did not refund the amount subscribed by the Complainant.   Naturally that may have put the Complainant to suffer some mental agony besides physical stress and strain.   In this view of the matter, we sincerely feel that it is a fit case to award compensation.   But that does not and cannot mean to say that the Complainant claim for compensation is acceptable.    Having regard to all these facts and circumstances, we are of the considered opinion, award of compensation of 2,500/- would better serve the ends of justice.   We therefore, proposed to award compensation of Rs.2,500 /-,  in the circumstances of the case on hand. Accordingly, this point is answered.

13.    Before parting our discussion, it is incumbent and imperative on our part to consider the costs of litigation.    The Complainant ought not have to approach this Forum, had his claim for refund of the advance amount of Rs.15,000/- or reliefs sought for has been honored by the Opposite Parties within a reasonable time and in view of the matter, the Complainant’s claim for costs deserves to be allowed.   In our considered and unanimous opinion awarding a sum of Rs.2,500/- as costs would be appropriate and reasonable.   Accordingly costs are awarded.

14.    In the light of our discussion, referred supra, the complainants are entitled to receive the amount which was paid by the complainant i.e., Rs.15,000/- together with subsequent interest @12% p.a., from the date of payment and a compensation of Rs.2,500/- towards compensation and also costs of Rs.2,500/- to the Complainant.

15.    In the result, the complaint is allowed in part, directing the OP to refund Rs.15,000/- (Rupees Fifteen Thousand only) with subsequent interest @12% p.a., from the date of this complaint till the date of realization and further directed to pay an amount of Rs.2,500/- (Rupees Twenty Five Thousand only) towards compensation and costs of Rs.2,500/- (Rupees Two Thousand and Five hundred only) to the Complainants. Time for compliance, one month from the date of this order.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 30^st day of December, 2014.

   Sd/-                                                                                                    Sd/-

M.MEMBER                                                                                                             PRESIDENT

 

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainants:

Exhibits	Date	Description	Remarks
A-1	18-01-2008	Cash Receipt	Original
A-2	26-01-2008	Cheque bearing No.314588 for Rs.15,000/-	Photostat Copy
A-3	30-11-2009	Representation of the complainant	Photostat Copy
A-4	21-12-2010	Representation of the complainant	Photostat Copy
A-5		Visiting Cards of the OP (courses Offered)	Original
A-6	12-05-2011	Legal Notice	Office Copy
A-7	21-05-2011	Returned cover with ack. Due	Original

 

Exhibits Marked for the OP     -nil-

Exhibits	Date	Description	Remarks
B-1		Admission Form	Photostat copy

 

   Sd/-                                           Sd/-                                                    Sd/-

LADY MEMBER                                 M.MEMBER                                                 PRESIDENT