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O R D E R
R.Vijayakumar, Member.
This is a complaint filed Under Section 12 of Consumer Protection Act.
The complainant’s case is that after accepting valid consideration as fee through various heads, the opposite parties had committed sheer negligence and deficiency in service without providing study materials, regular tutors and better hostel facilities to the second complainant.
The second complainant who is the son of first complainant had taken admission in the institution having name and style as Lord Jegannath College of Engineering and Technology, PSN Nagar, Ramanathichenputhur, Kanyakumari, in which first opposite party is the Director and the second opposite party is the Principal. The second opposite party had taken admission in the said institution on believing the words that they would provide very good institutional facilities and decent hostel facilities under compulsion of third and IV opposite parties who were the authorized agent and the sub-agent of first and second opposite parties. The complainants had spent an amount of Rs.2,24,860/- in various heads in the first year .After accepting that amount from the complainants second opposite party skulked from their promise of giving sufficient service to the second complainant. There was no teaching facilities. Teachers were irregular, no study materials provided, hostel facilities became scanty. Fed up with poor educational and hostel facilities the second complainant and some other students forced to stop their studies in the first year itself. But the opposite party demanded an amount of Rs.100000/- and mess charges along with hostel charges of one year for returning the documents like TC, Conduct Certificate and NRI sponsorship certificate etc which was taken up by the first and second opposite parties at the time of admission. Hence the second complainant forced to continue the course. First and second opposite parties made to believe the complainants that the students would be provided with good educational atmosphere and facilities in the second year. Hence the complainants were forced to remit Rs.1,14,000/- in the second year also. But there was no change in the educational and hostel facilities. Since the second complainant had no other go and he had grave concern of his educational life carrier he was forced to took admission for the third year also remitting Rs.50000/-.During the third year there was no regular classes. Tutors became more irregular; hostel facilities became worse than the previous years. Since 02.07.09 there was no classes and was complete break down
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of regular classes. The first complainant approached the first and second opposite parties and demanded to relieve the second complainant, and to refund the fees. The first complainant also demanded the certificate of second complainant on 08.10.09 the first complainant made a written submission before first and second opposite parties for the return of fees and certificates which were kept under the custody of first and second opposite parties. As no reply was given by first and second opposite parties the complainants approached third and IV opposite parties but they evaded from their responsibly. Due to the negligence and deficiency in service, the complainants sustained mental agony and financial loss. Hence the complainants filed the complaint for the refund of Rs.3,38860/- which was collected by the first and second opposite parties from the complainants, for the return of documents which were submitted by the complainant at the time of admission and kept by the opposite parties, compensation Rs.20000/- and cost Rs.5000/-.
Even though sufficient opportunities has been given, the opposite parties remained absent and hence set exparte. The complainant filed affidavit. PW1 examined. Exts.P1 to P5 marked.
The points that would arise for consideration are :
(1) Whether there is any deficiency in service from the part of opposite party?
(2) Compensation and cost.
Points (1) and (2)
As the opposite parties remained absent we are constrained to relay upon the evidence adduced by the complainants. We have perused the documents submitted by the complainant in detail. On perusal we find that there is deficiency in service from the side of opposite party. The points found accordingly.
In the result, the complaint is allowed. The opposite parties are directed to pay the scheduled amount and the scheduled documents to the complainant. The opposite parties are further directed to pay compensation Rs.10,000/- and cost Rs.1500/- to the complainants.
The order is to be complied with within one month of the date of receipt of the order.
Dated this the 30th day of November 2010.
K.Vijayakumaran :Sd/-
Adv.Ravi Susha :Sd/-
R.Vijayakumar :Sd/-
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INDEX
List of witnesses for the complainant
PW1 - Paul
List of documents for the complainant
P1 - Expenditure Certificate
P2 - AICTE approved directions
P3 - Fee slips for the period of 2007
P4 - Fee slips and DD 2008
P5 - Fee slips for the period of 2009
// Forwarded by Order //
Senior Superintendent
