0Date of filing :26-08-2017

Date of order :19-09-2018

IN THE CONSUMER DISPUTES  REDRESSAL FORUM, KASARAGOD

CC.172/2017

Dated this, the 19^th    day of September  2018

PRESENT:

SRI.ROY PAUL.                                              : PRESIDENT

SMT.SHIBA.M.SAMUEL.                               : MEMBER

SRI.RADHAKRISHNAN NAIR.M.                   : MEMBER

Raghukumar.P,

S/o Poovappa Belichappada,

Principle,New Bharath College,Uppala                                                  :Complainant

Uppala Town,Uppala P.O ,671322 (Pin)

Manjeshwar Taluk, Kasaragod District

(Adv: Mohan Prakash.k & Shasidhara.A)

1.The Managing Director, Sharada Vikas Trust,

   No.450/1/14, 2^nd Floor, Lakshmi Complex,

   10^th main, 27^th Cross, 4^th Block, Jayanagar, Banglore,56001

2.The Sharada Vikas Trust, Banglore,                                         :Opposite Parties

    Represented by its Managing Director,

    No.450/1/14, 2^nd Floor, Lakshmi Complex,

    10^th main, 27^th Cross, 4^th Block, Jayanagar, Banglore,56001

                                                       O R D E R

SRI RADHAKRISHNAN NAIR M  :MEMBER

The facts of the case in brief is as follows

            The complainant has been running an educational institution with Teachers Training Course, Fire and safety course etc. since 2012.  The complainant has been conducting different courses under Karnataka state Open University through the opposite parties by registering the names of the students of B.A, B Com, M.A, M.Com and M.B.A through the opposite parties.  In the year 2014 the complainant paid a total of Rs.5, 04,500/- to the opposite parties as the examination fees of the students.  But no exams was conducted to the students whose names were registered through the opposite parties.  On enquiry as to the non conducting of the examinations, it is informed by the opposite party that the UGC has cancelled the recognition of the Karnataka State Open University.  Because of the same the students have suffered a lot and accordingly they demanded the refund of the fee paid them.  On enquiry it is revealed that the opposite party has not remitted the amount collected from the complainant at Karnataka State Open University.  The opposite parties are bound to return the said amount to the complainant with up to date interest to the complainant.

            Further it is stated that the opposite party also engaged the complainant to run their study centre by appointing him as its Principal at Uppala by promising to pay Rs.45000/- per month towards its expenses.  Accordingly the total amount payable by the opposite parties as on March 2016 comes to Rs.12, 60,000 /-.  But the opposite party only paid Rs.30, 000/- The opposite parties are bound to pay the balance amount of Rs.12, 30,000/-.

 The complainant demanded the payment of the above amounts several times but the opposite parties did not care to pay the same.  Hence this complaint.  Therefore total amount claimed here in comes to Rs.17, 34,500/-.

            It is stated that the complainant had been running the institution to eke out his lively hood and he was eking out his lively hood from the income derived from the same.  The act of the opposite party amount to gross negligence and unfair trade practice due to which the complainant suffered monitory loss and mental agony and hardships.

            The notice issued to the opposite parties are duly served but they did not turn up.  Therefore the name of opposite party No 1 and No2 were called absent and they were set exparte.

            The complainant was examined as Pw1.  The complainant filed proof affidavit in lieu of chief examination and documents Ext A1 to A6 are marked.

Ext A1 is the certificate issued by the opposite parties. Ext A2 is the office copy of the Registered lawyers Notice.  Ext A3 and Ext A4 are the postal acknowledgments cards.  Ext A5 is the true extract of complainant’s bank account.  Ext A6 is the notice issued to the complaint CC.174/2016

 After considering the facts of the case the following issues raised for consideration.

1.  Whether there is any deficiency of service on the part of the opposite parties.
2. If so, what is the relief and costs.

Both these issues can be considered together for convenience.  The specific case of the complaint is that the opposite parties have accepted an amount of Rs.5, 04,500/- being the fees for the examinations from the complainant and has not remitted the sum to the Karnataka State Open University.  As the students of the complainant could not write examinations   the complainant suffered much hardships.  The Forum finds that there is gross negligence and deficiency of service the part of the opposite party here in due to which the complainant suffered mental agony and monetary loss, and opposite parties are answerable for that.

The second part of the case of the complainant is that the opposite parties engaged him to run their study centre at Uppala by appointing him as the Principal  promising to pay Rs.45, 000/- per month towards the expenses.  It is also stated that the total amount payable by the opposite parties as on March 2016 comes to Rs.12,60,000/- but they paid only Rs 30,000/ to the complainant.  Therefore the opposite parties are liable to pay Rs.12,30,000/- to the complainant in this regard.

            This forum finds that there is no consumer relationship between the parties in the above mentioned second part of the dispute and will not come within the preview of Consumer Protection Act.  Except some barren statements, there is no details of the account and the amount claimed, as the complainant did not care to produce any documents in this regard.  Therefore the Forum holds that,  the dispute regarding balance of amount, if any, spent by the complainant in running the study centre of the opposite parties does not come within the purview of Consumer Protection Act.   The complainant is at liberty to approach proper court for getting his money recovered.

            Therefore the complaint is allowed in part and the opposite parties are jointly and severally is directed to pay a total amount of Rs.5, 04,500/- to the complainant along with interest at the rate of 12% per annum from the date of complaint.  Also the opposite parties are directed to pay an amount of Rs 20,000/-(Rupees Twenty thousand only) towards the compensation for the mental agony and a sum of Rs. 3000/-(Rupees Three thousand only) as the cost.  The time for compliance is 30 days from the date of receipt of copies of this order.

      Sd/-                                              Sd/-                                                 Sd/-

MEMBER                                          MEMBER                                          PRESIDENT

Exhibits

A1.11.11.2013 ; Certificate issued by the Director – Distance Education, Sharada Vikas Trust Banglore

A2.17.07.2016 ; Office copy of the Registered Notice issued by  Advocate Swarnalatha

A3.Original Acknowledgement of Opposite party No 1

A4.Original Postal Acknowledgement Of opposite party No 2

A5.True Extract in respect of A/c No.42102030021812 of Syndicate Bank,Uppala      Branch.

A6.14.6.2016 Notice issued in CC.No.174/2016 on the file of CDRF,Kasaragod.

      Sd/-                                              Sd/-                                                Sd/-

MEMBER                                          MEMBER                                          PRESIDENT

Forwarded by Order

                                                                                    Senior Superintendent

Ps/