THE MANAGING DIRECTOR SOCIETY FOR INFORMATION TECHNOLOGY DEVELOPMENT.
...........Respondent(s)
BEFORE:
1. A.RAJESH 2. C.K.LEKHAMMA 3. PROF:PAUL GOMEZ
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
O R D E R A. Rajesh, President. Case of the complainant is as follows: On 13-10-2006 the complainant approached the first opposite party, a Government approved organization to get admission to his daughter Annimole Varghese for computer education course. 1st Opposite party has received Rs. 1,050/- from the complainant towards registration and admission fees. Receipts were issued by 1st opposite party to that effect. On two occasions the 1st opposite party as per the direction of the complainant along with his daughter appeared before them. On the 2nd day the 1st opposite party revealed his disability to conduct the course, since there is only one student who is none other than the complainants daughter. That being the case that the complainant has requested to refund the fees remitted by him. In spite of repeated requests, the opposite parties failed to refund the fees remitted by the complainant. The complainant and his daughter have sustained financial loss and mental agony due to the deficiency in service on the part of the opposite parties. Hence the complainant is seeking direction to the opposite parties to refund the fees, to pay compensation of Rs. 2,000/- and costs of this proceedings. 2. 1st opposite party filed version contending as follows: i. The complainant has no locus-standi to file the complaint. ii. Annimole Varghese had applied for admission for the course conducted by the 2nd opposite party . On 13-10-2006 the 2nd opposite party directed her to appear before the 1st opposite party for an interview. On the same day day the 2nd opposite party purchased application form worth Rs. 50/- and Submitted the filled up application after remitting Rs. 1,000/- by way of registration fees. iii. As per the terms of the prospectus she had to remit balance registration fees of Rs. 1,000/- within one week to start the class. But she failed to remit the amount raising untenable contentions. iv. The payment was received by 2nd opposite party; and they have issued receipts for the amount. v. The intention of the complainant is to defame 1st opposite party and requesting to dismiss the complaint with their cost. 3. The complainant was examined as PW1 and Exts. A1 to A3 were marked from his side. 1st opposite party filed version, thereafter they chose to remain absent. Though notice was served on 2nd opposite party they remained absent during the proceedings. After closing the evidence the counsel for the complainant was heard. 4. Points. i. whether the complainant is entitled to refund of registration and admission fees. ii. Compensation and costs. 5. Point No. i According to the complainant the admission fees and registration fees were collected by the 1st opposite party at their office. The case of the 1st opposite party is that the daughter of the complainant has appeared before them for an interview as directed by 2nd opposite party and the fees were collected by the 2nd opposite party by issuing Ext. A2 and A3 receipts. Ext. A1 is the prospectus of courses offered by 1st opposite party. It would show that there is no mention regarding fees structure . The testimony of the complainant remain unchallenged . There is no reason whatsoever to disbelieve his evidence. He deposed that while her daughter approached the 1st opposite party for joining the class, 1st opposite party has revealed their inability to conduct the class due to lack of students. It is clear from the conduct of the 1st opposite party that, they were not ready to impart education to the student. Even if it is treated as a breach of contract, the opposite parties would not be entitled to retain the amount. Ext. A2 and A3 would show that the amount was received by the 2nd opposite party. Hence in our considered opinion, the complainant would be entitled to refund of the amount of registration fees and admission fees paid by him for the admission of his daughter in 2nd opposite party. 6. Point No. ii. Considering the facts and circumstances we are not ordering compensation. However the opposite parties are liable to pay cost of this proceedings to the complainant . Accordingly, We allow the complaint and direct that (i) the 2nd opposites party shall pay Rs. 1050/- together with interest at the rate of 9% p.a. from 13-10-2006 till realization. (ii) Opposite parties shall jointly and severally be liable to pay Rs. 500/- towards litigation costs. The above said order shall be complied within a period of one month from the date of receipt of copy of the order. Pronounced in the open Forum on this the 31st day of July 2008.
