Orissa

Rayagada

CC/58/2017

Smt. Jaya Kameswaris - Complainant(s)

Versus

The Manager, Raviteja Educational Institute - Opp.Party(s)

Self

03 Mar 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 58/ 2017.                                 Date.      3  .3. 2018.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                   President

Sri GadadharaSahu, .                               Member.

Smt.  Padmalaya  Mishra,                          Member

Smt. Jaya Kameswari, W/O: Sri K.A.Del Suresh, New Colony,

Po/ Dist.Rayagada,State:  Odisha.                                         …….Complainant

Vrs.

1.TheManager, Raviteja Educational Institute, New colony, Po/Dist: Rayagada.                                                                                                                 .…..Opp.Parties

Counsel for the parties:                         

For the complainant: - Sri V.Ram Mohan Patnaik, Advocate, Rayagada.

For the O.Ps :- Set exparte.

                                J u d g e m e n t.

 

            The  present disputes emerges out of the grievances raised by the  complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for non refund of balance fees amount towards B.Ed courses. The   brief facts of the case are summarised here under.

 

                 That the O.P was maintaining an Educational institute one at Rayagada and another at Bhawanipatna in the District of Kalahandi. The  complainant  was admitted in O.Ps Educational institute on Dt. 18.9.2014 for prosecuting B.Ed course. The  complainant had deposited Rs.29,000/- on Dt. 18.9.2014 and Rs.31,000/- on Dt. 17.12.2014 total amount a sum of Rs.60,000/- and   obtained  money receipt.   The O.P. did not allow her for the tutorial classes for the B.Ed. examination.  The O.P. on demand by the complainant  had refunded an amount of Rs.25,000/- on Dt.20.11.2015 and an amount of Rs.10,000/- during the  month of September, 2016. The O.P had refunded the total amount of Rs.35,000/- leaving  a balance amount a sum of Rs.25,000/- to pay. The   complainant is a lady and working as a teacher in the school could not get time  meet the O.P. to demand  him to refund the balance amount of Rs.25,000/-. So the  complainants  father-in-law had contacted  with the O.P. and demanded him to refund the balance amount of Rs.25,000/-. In turn the O.P. had issued him two post dated  bank cheques bearing No.553979  on Dt.3.9.2016 for Rs.10,000/- another cheque No.553980 for Rs. 15,000/- on Dt.15.9.2016. On presenting the two cheques  at the I.O.B, Rayagada on Dt. 4.1.2016 for  deposit  the amount in his bank account.  The bank authority had returned the  above cheques with the endorsement stating that there is no balance in his account.

Inspite of several contact from pillar to post the O.P paid deaf ear  and not responded nor complied the same.  Hence this case. The complainant prays the forum direct the O.Ps  to refund Rs.25,000/- inter alia  to pay compensation and  litigation expenses and such other relief as the hon’ble forum deems fit and proper  for the best interest of justice. 

On being noticed the O.Ps. neither entering in to appear before the forum nor filed their  written version inspite of more than  04 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 11 months  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

Heard learned counsel for the complainant.  Perused the  record  filed by the parties.

                                                Findings.

During the course of exparte hearing  the complainant  annexed  certain documents such as the deposit receipt bearing  No.51 Dt.18.9.2014 a sum of Rs.29,000/-,  Another  receipt  No.15 Dt.17.12.2014 for Rs.31,000/- total a sum of Rs.60,000/- was received by the O.P.from the complainant  towards B.Ed course fees (copies of the money receipt filed in this forum which is marked as Annexure-I & Annexure-2).  

Further the  learned counsel for the  complainant submitted  the copies    of cheque  bearing No.  553979 Dt.03.09.2016 and cheque No.553980 Dt.15.9.2016  which was issued by the O.P  is marked as Annexure-3 & 4. When the complainant  put forth  the  same  before the bank for drawal the bank returned with  a remark  “Funds insufficient” (copies of the same filed which is marked as Annexure-5).

On perusal of the cheque bounce this forum found the O.Ps made mischief’s and  play with career   of the complainant which is unfair trade practice on the part of the O.Ps.

After carefully examining the evidence on record, we find no cogent reason  to disbelieve or discard the evidence already adduced by the complainant. The documentary evidence  tendered by the complainant clearly tends support and absolute corroboration   to  the evidence.  

In absence of any rebuttal materials from the side  of   O.Ps  there is no reason to disbelieve the evidence put forth  by the  complainant  before the forum  whose evidence  suffers from no infirmity. The evidence adduced by the complainant  clearly leads us to arrive at a just conclusion that there is not only deficiency  in service  but also negligence  on the part of the O.Ps in non refunding the fees  which was received by the O.P. without any service  as per the  provisions laid down under section 14 of the  C.P. Act.

On careful analysis   of the evidence on record both oral and documentary, we are clearly of the opinion  that  inspite of doing the needful, the O.Ps are failed to redress the grievances of the complaint which amounts to  deficiency in service  as a result the complainant was constrained  to file this complaint before the forum claiming the relief as sought for.  In that view  of the matter the O.Ps  jointly and severally liable.

Forum observed   after receipt of the grievances, no action has been taken by the said O.Ps in ensuring refund of deposited fees  as alleged. Not responding to the grievance of a genuine consumer amounts to deficiency in service.

                        It is held and  reported  in C.P.R-2009(1) page No.269 the hon’ble  State Commission, Andhra Pradesh where in observed “Where  complainant having chosen to take admission in another college demanded his money deposited  by way of refund, it was deficiency in service on part of the O.P. in not refunding  the  amount”.

                        Further it is held  and reported in C.P.R-2009(1) page No. 340 the hon’ble State Commission, Chennai where in observed “Denial of refund of tution fees to a student who withdraw from admission without joining the  class  amounts to  unfair trade practice and deficiency in service”.

                        Again  it is held and  reported in C.P.R. 2006(2) page No.97 the Hon’ble State Commission, New Delhi where in observed  “ No educational institution, centre, or university can forfeit the amount received  by it  at  the time of admission in case it has not provided the  service  for which consideration was meant”.

            Further  it is held and reported  in C.P.R.2006(2) page No. 357 the Hon’ble State Commission,Pondichecy where in observed “Where a student withdraws  admission  from institution full amount of fee has to be refunded”.

            Basing on the  above citations of the  Hon’ble Commission  this forum allowed this case in part.

Hence to meet  the  ends  of  justice,  the following   order is  passed.

                                                            ORDER.

            In  resultant  the complaint petition stands allowed in part  on exparte against  the O.Ps.

            The O.P. is  ordered to refund fees  amount a sum of  Rs.25,000/-  to the complainant  inter alia to pay Rs.1,000/- towards compensation for mental agony, unfair trade practice and  litigation expenses.

                We therefore issued a “Cease and Desist” order against the O.P. directing  him to stop such a practice  forthwith and not to repeat in future. 

The O.Ps are  ordered to comply the above direction within one month from the date of  receipt of this order failing which an interest  @ Rs.9% per annum  would  accrue on the above  amount . from  the date of  filing    i.e. on  Dt.28.04.2017 till  realization. Service the copies of the order to the parties on free of cost.

Dictated and corrected by me.            Pronounced on this           3^rd.          day of   March, 2018.

 

MEMBER.                                            MEMBER.                                                        PRESIDENT