1. The Director,Scholars Academy Of Maritime Studies
OppositeParty/Respondent(s):
1. Advf.A.D.Benny
OppositeParty/Respondent(s):
ORDER
By Smt. Padmini Sudheesh, President: The petitioners case is as follows:- 1. The petitioner approached the respondent for getting admission for coaching in Maritime course. Respondent is of providing coaching in Maritime course. The respondent demanded Rs.1,00,000/- towards the entire course expenses including the CDC. Accordingly, the petitioner paid the amounts vide three Demand Drafts ie. Demand No.240185 for Rs.30,000/- on 4.11.06; Rs.35,000/- vide Demand Draft No.701291 on 30.12.96 and Rs.35,000/- vide Demand Draft No.701543 on 4.10.07. All these were issued in favour of the respondent from the State Bank of Travancore, Thrissur and payable at Secunderabad. At the time of joining and while accepting the above payments the respondent had assured, promised and made to believe the petitioner that the said payment covers entire course fees and all other expenses including the CDC. But the petitioner came to know that the respondent had credited only Rs.55,000/- to his account and the balance amount of Rs.45,000/- had been diverted to the accounts of some other students. When the petitioner asked about this on several occasions the respondent was slipping away without giving any satisfactory or convincing response. Consequent to the illegal actions of the respondent, the petitioner was compelled to remit another amount of Rs.25,000/- again for completing the studies at Chennai. Moreover, he had to pay another amount of Rs.20,000/- towards CDC. Lawyer notice was sent. Even then, the respondent has not made any positive actions to settle the matter till now. Hence this complaint. 2. The notice from the Forum is accepted by the respondent. But optioned to remain absent. So on 31.3.08 he was declared exparte. 3. To prove the case of the petitioner, he has filed affidavit and four documents, which are marked as Exts. P1 to P4. 4. Heard the Counsel. 5. According to the petitioner, he is entitled to get the extra amount he had paid in addition to Rs.1,00,000/- ie. Rs.45,000/-. He also claims compensation for mental agony, financial loss and other sufferings and costs. There is no counter evidence. 6. So the petition is allowed and the respondent is directed to refund the extra amount of Rs.45,000/- (Rupees forty-five thousand only) paid by the petitioner; Rs.10,000/- (Rupees ten thousand only) as compensation and Rs.1000/- (Rupees one thousand only) as costs to the petitioner. Time for payment one month. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 16th day of May 2008.
