Tamil Nadu

South Chennai

CC/142/2014

Sai Babu Dhulipala - Complainant(s)

Versus

The Manager Director, A School. - Opp.Party(s)

A.Palaniappan

22 Jul 2019

ORDER

                                                                        Date of Filing  : 14.03.2014

                                                                          Date of Order : 22.07.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.142/2014

DATED THIS MONDAY THE 22^ND DAY OF JULY 2019

                                 

Sai BabuDhulipala,

S/o. Late. Hari Babu,

Plot No.9, Part 1, Sulochananagar,

Revathipuram, 6^th Street,

Aiyancheri Main Road,

Urapakkam – 603 210.                                                  .. Complainant.                                                       

 

                                                                                               ..Versus..

The Managing Director,

‘A’ School,

No.603, Rani Seethai Hall,

7^th Floor, Anna Salai,

Chennai – 600 006.                                                    ..  Opposite party.

          

Counsel for the complainant  :  Mr. A. Palaniappan

Opposite party                        :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.19,300/- along with interest at the rate of 18% from 24.03.2012 till the date of realization and to pay a sum of Rs.1,00,000/- towards compensation for mental agony and deficiency in service with cost of Rs.5,000/- to the complainant.

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

The complainant submits that he shifted his family from Hyderabad to Chennai and settled at Chennai and he tried to get an admission in 1^st std to his daughter.   The complainant checked the website of the opposite party and learned that the admission process is going on.  The opposite party has branches all over Chennai.  The complainant paid application fee of Rs.500/- through online on 12.03.2012.  The opposite party gave the date for interview on 24.03.2012.  Before the interview process, the opposite party informed the complainant that the admission seat shall be blocked after paying the fees.  Thereafter, the interview will be conducted and on their choice the admission will be given.  Hence, the complainant paid a sum of Rs.18,800/- and blocked a seat.  The complainant submits that the said of Rs.18,800/- included Rs.9,000/- towards admission fee and Rs.9,800/- towards administrative fee.  The complainant visited the school at Chrompet and found that the school is located in an independent house and there is no proper building, no play ground, no ventilation and not at all suitable for 1^st Std kids.  There was a bad smell also.  Hence, the complainant sent a letter through e-mail on 20.05.2012 requesting to refund the fees.  The opposite party also sent a reply e-mail dated:21.05.2012 stating that “it will be presented to the board of Governors and reviewed and we shall keep you informed”. Thereafter, the complainant made several requests dated:29.05.2012, 07.06.2012 etc for which, there is no response.  The complainant sent a notice dated:17.08.2012 through Consumers Association of India for refund of Rs.18,800/-.   The opposite party received the notice but has not come forward to refund the amount.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.     In spite of receipt of notice, the opposite party has not been appeared before this Forum and hence, the opposite party was set exparte.

3.     Though the opposite party remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as her evidence, and also documents Ex.A1 to Ex.A6 are marked.

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.19,300/- with interest at the rate of 18% p.a. as prayed for?
2. Whether the complainant is entitled a sum of Rs.1,00,000/- towards compensation for mental agony and deficiency in service with cost of Rs.5,000/- as prayed for?

6.      On point:-

After due service of notice, the opposite party has not entered appearance before this Forum and set exparte.   The complainant filed proof affidavit and documents etc.  The complainant has not filed any written argument and has not turned upto advance any oral argument also.  Perused the records namely; the complaint, proof affidavit and documents of the complainant.  The complainant pleaded and contended that he shifted his family from Hyderabad to Chennai and settled at Chennai.  He tried to get an admission in 1^st std to his daughter.   The complainant checked the website of the opposite party and learned that the admission process is going on.  The opposite party has branches all over Chennai. The complainant paid application fee of Rs.500/- through online on 12.03.2012.   Ex.A1 is the web page of the opposite party.  Ex.A2 is the copy of receipt for payment of application fees.  The opposite party gave the date for interview on 24.03.2012.  Before the interview process, the opposite party informed the complainant that the admission seat shall be blocked after paying the fees.  Thereafter, due interview will be conducted and on their choice the admission will be given.  Hence, the complainant paid a sum of Rs.18,800/- as per Ex.A3 and blocked a seat.  Further the complainant pleaded and contended that the said amount of Rs.18,800/- included Rs.9,000/- towards admission fee and Rs.9,800/- towards administrative fee.  The complainant visited the school at Chrompet and found that the school is located in an independent house; there is no proper building, no play ground, no ventilation and the building is not at all suitable for 1^st Std kids.  There was a bad smell also.  Hence, the complainant sent a letter through e-mail dated:20.05.2012 as per Ex.A6 requesting to refund the fees.  The opposite party also sent a reply mail dated:21.05.2012 stating that “it will be presented to the board of Governors and reviewed and we shall keep you informed”.  Thereafter, the complainant made several requests dated:29.05.2012, 07.06.2012 etc for which, no response.  The complainant sent a notice dated:17.08.2012 through Consumers Association of India as per Ex.A4 for refund of Rs.18,800/-.  Even after receipt of notice, the opposite party has not come forward to refund the amount.  The vide advertisement and actual position of the school located in an independent house without proper infrastructure and non-refund of the fees paid amounts to deficiency in service and unfair trade practice.  The complainant is praying to refund of the fees with interest and compensation.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall refund a sum of Rs.18,800/- with interest at the rate of 9% p.a. from the date of complaint to till the date of this order with cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to pay a sum of Rs.18,800/- (Rupees Eighteen thousand and eight hundred only) being the amount paid towards admission fee and Administrative fees along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 14.03.2014 till the date of this order (i.e.) 22.07.2019 and to pay the cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The above  amounts 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 Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd day of July 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of web page of the opposite party
Ex.A2	21.03.2012	Copy of email issued by the opposite party
Ex.A3	24.03.2012	Copy of receipt issued by the opposite party for a sum of Rs.18,800/-
Ex.A4	17.08.2012	Copy of notice issued by the opposite party
Ex.A5	25.08.2012	Copy of acknowledgement card
Ex.A6		Copy of email sent to the opposite party

 

 

 

MEMBER                                                                                PRESIDENT