DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 31st day of August 2010 .

Present : Smt. Seena.H, President

: Smt. Preetha.G. Nair, Member

: Smt. Bhanumathi.A.K, Member

C.C.No.124/2009

Jithendran

S/o. Kannan

Vazhuthanassery House

Thoniappalayam

Ambikapuram (P.O)

Palakkad - Complainant

(Adv. P. Anil)

Vs

The Managing Director

M H R Educational Institution

M H R Center

2^nd Floor

Tharekkad

Palakkad. - Opposite party

(Adv.K.P. Ramadasan)

O R D E R

By Smt. Bhanumathi.A.K, Member

In response to the advertisement published in the Malayala Manorama daily dated 14/07/2008 the complainant joined in the Opposite party institution for learning Multi Media Animation course. In the said advertisement it is prominently stated that Multi Media Computer would be given free of cost for the first 100 students joining the course. The course fee was stipulated at Rs.40,000/- and the complainant had paid Rs.10,100/- on 23/07/2008, the date of admission. The duration of the course was 18 months. In total complainant had paid an amount of Rs.17,850/- towards the course fee. On 05/06/2009, when the complainant approached the opposite party with the remaining amount of Rs.22,150/- he was informed that at present such offer does not exist. So the complainant left the institution and continued his study in another institution by giving monthly fees. The act of opposite party caused lot of mental agony to the complainant. So the complainant filed this complaint seeking an order directing the opposite party to comply the offer as in the advertisement or to refund an amount of Rs,17,850/- which is paid by the complainant.

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Opposite party filed version denying all the contentions of the complainant . Opposite party admits that the complainant has joined the Opposite parties institution and has paid an amount of Rs.10,100/-towards fees. But submits that the complainant is a defaulter in remitting fees. According to Opposite parties the said offer will be given only to those students who strictly follow the rules and conditions laid down by the institution.

But the complainant did not follow the rules and conditions laid down by the institution. So the complainant is not entitled to get the offer. There is no deficiency of service on the part of opposite party.

Both parties filed their affidavits. Exhibits A1 to A7 are marked on the side of complainant. Exhibits B1 marked on the side of Opposite party.

Heard both parties.

Issues to be considered are

1. whether there is any deficiency of service on the part of opposite party.

2. If so what is the relief and cost?

We perused the documents on record. A1 document shows that there was such an advertisement in Malayala Manorama daily dated 14/07/2008 stating that multimedia computer will be given to first 100 students joining the course. A4 series documents Fee receipts shows that the complainant already paid an amount of Rs.17,850/- to the opposite party institution towards fees. In their version opposite party admits that on 05/06/2009, the complainant offered the balance fee amount and demanded the computer as offered. But the opposite party refused to accept the amount and did not give the computer. So the complainant left the institution and joined another institution and continued his course.

The learned counsel for the opposite party argued that they will give the computer to those students who paid the fees regularly and follow the rules and conditions of the institution. The complainant has deposed while cross examining that there was no

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instruction about the fee amount to be paid towards each month. Opposite party did not produce any document about the rules and conditions of the offer. Opposite party says that the complainant availed the service from the institution for more than the period for which the fees was paid. Opposite party also stated in the cross examination that they will not take admission after the commencement of the course. The same procedure may followed by the other institutions also. So it is very difficult to get admission in another institution and if it is obtained, full fee has to be remitted . So it can be seen the complainant has already paid an amount of Rs.17,850/- in opposite party institution and was constrained to continue the studies in another institution by paying additional fees. Opposite party has admitted that complainant has approached them for balance payment of fees. Opposite party ought to have accepted the payment and give the computer as offered. The act of opposite party amounts to deficiency in service on their part. It is pertinent to note that complainant has joined the course of duration 18 months and has studied for 11 months. Out of the total fee of Rs.40,000/- complainant has paid only Rs.17,850/-. Having studied in the institution for 11 months, it is not proper to refund the entire fees. As the deficiency in service on the opposite party is established, complainant is entitled for a reasonable amount as compensation.

In the result complaint partly allowed. The opposite party is directed to pay an amount of Rs.10,000/- as compensation for the hardship suffered by the complainant and Rs.1,000/- as cost of the proceedings

Order to be complied within one month from the date of receipt of order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realization.

Pronounced in the open court on the 31st day of August 2010

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

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APPENDIX

Date of filing : 19/09/2009

Witness examined on the side of Complainant

Complainant was cross examined as PW1

Witness examined on the side of Opposite party

Opposite party was cross examined as DW1

Exhibits marked on the side of the complainant

1. Ext. A1 – Copy of cash bill dated 19/08/2009

2. Ext. A2 - Copy of lawyer notice

3. Ext. A3 – Copy of lawyer notice dated

4. Ext. A4 series – Fees receipts

5. Ext. A5 – Receipt No.3077 for Rs.2,000/-

6. Ext A6 – Receipt No.1254 for Rs.3,000/-

7. Ext A7 – Copy of DD dated 14/07/2009 of Rs.18,000/-

Exhibits marked on the side of the Opposite Party

1. B1 series - Advertisement Bill of Manorama daily dated 14/07/2008

Forums Exhibits

Nil

Cost (allowed)

Rs.1,000/- (Rupees One thousand only)