This C.C. is coming on before us for hearing in the presence of          Sri. D. Krishna Rao, Advocate for complainant; and Notice to opposite party No.1 served, called absent; and of opposite party No.2 appeared in person; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-

O R D E R

(Per Sri R. Kiran Kumar, FAC President)

          This complaint is filed u/s.12-A of Consumer Protection Act, 1986. 

2.         The averments made in the complaint are that the complainant is resident of H.No.3-1-112/1/C, Chaitanya Nagar, Khammam, the daughter of the complainant by name Tanneru Geethika had admitted Intermediate two years course on 20-12-2015 in Narayana Junior College, Narmada Campus, Madhapur, Hyderabad by paying an amount of Rs.55,350/- on various dates i.e. on 20-12-2015, 20-03-2016 and 02-05-2016. The complainant submitted that the Agent of opposite party No.1, i.e. opposite party No.2 approached the complainant at Khammam and admitted the daughter of the complainant in the opposite party No.1 college,  the complainant agreed to pay Rs.1,30,000/- towards course fee, on 20-12-2015 the complainant paid an amount of Rs.10,350/- to the opposite party No.2 at Khammam and further agreed to pay balance on installments.      The complainant further submitted that he paid an amount of Rs.30,000/- on 20-03-2016 and Rs.15,000/- on 02-05-2016 in total he paid an amount of Rs.55,350/- to the opposite party.  The complainant further submitted that after joining in college, his daughter had been continuously faced unbearable situation like torture, teasing, humiliation, abusing and misbehaving nature of the students and she was not in a position to spell out the things that were happened in the college not only that and she faced ragging.  The complainant number of times made complaint over the things happened in the college to opposite party No.1.  The complainant further submitted that the opposite party No.1 did not provide amenities as agreed at the time of joining in the admission and also they failed to provide a room for 4 persons in room, by violating the agreement the Management made admission 6 persons in single room without providing bathroom facility in such a circumstance the daughter of the complainant suffered lot of mental agony.  The complainant further submitted that even the opposite party No.1 Management failed to switched of the lights after 12 PM i.e. midnights, because of that daughter of the complainant everyday led the life sleeplessly, on that the health of the daughter of the complainant destroyed, because of that she did not made concentration on her studies, on such unavoidable circumstances the daughter of the complainant forced to left the college. The complainant further submitted that he approached opposite party No.1 and requested to take action regarding the above said problems faced by his daughter, but the opposite parties did not take any action, vexed with the attitude of opposite parties the complainant forced to take back his daughter from opposite party college.  The complainant further submitted that he made oral demand to the opposite party No.1 to repay the fee amount of Rs.55,350/- which is paid by him, on that the opposite party No.1 paid an amount of Rs.16,800/- to the complainant and for the payment of balance amount of Rs.38,550/-, the opposite party No.1 postponed the same on different pretexts, for that the complainant got issued notice on 25-10-2016, but the opposite party No.1 refused to receive the register post.  There is no hope that the opposite party No.1 will pay the said amount in near future for that the complainant filed this complainant for payment of balance amount of Rs.38,550/- from the opposite parties No.1 and 2.      

3.         On behalf of the complainant, the following documents were filed and marked as Exhibits A1 to A6.

Ex.A1:-Photocopy of fee receipt dt.20-12-2015  for Rs.10,000/- issued by the opposite party No.1.

Ex.A2:-Photocopy of fee receipt, dt.20-12-2015 for Rs.350/- issued by opposite party No.1.

Ex.A3:-Photocopy of fee receipt, dt.20-03-2016 for Rs.30,000/- issued by the opposite party No.1.

Ex.A4:-Photocopy of fee receipt, dt.02-05-2016 for Rs.15,000/- issued by the opposite party No.1.

Ex.A5:-Office copy of the legal notice, dt.25-10-2016 along with postal receipt and returned unserved cover.

Ex.A6:-Statement of account pertaining to the complainant showing the payment of Rs.15,000/- to Opposite party No.1 through POS 160219 HYD-NARMA, dt.02-05-2016.

4.         On receipt of the notice, the opposite party No.2 appeared in person and filed his written version.  In his written version the opposite party No.2 denied all the averments and allegations made by the complainant in the complaint.  The opposite party No.2 admitted that he is working as A.O. in Hyderabad branch, Raviryala Campus. The opposite party No.2 further submitted that the complainant got admission of his daughter at Vijayawada in A.P. State, as such he is no way concerned with the admission made by the daughter of the complainant and the fees paid by the complainant and prayed to dismiss the complaint against him.

5.      Heard oral arguments.

6.      Upon perusing the material available on record, now the points that arose for consideration is,

1. Whether the complainant is entitled for refund of balance fee?

2. To what relief?

Point No.1:-

The case of the complainant is that the complainant joined his daughter in Narayana Junior College, Narmada Campus, Madhapur, Hyderabad by paying an amount of Rs.55,350/- towards fee to the opposite party No.1 on various dates.  According to the complainant after joining in college, the daughter of the complainant had been continuously faced unbearable situation like torture, teasing, humiliation, abusing and misbehaving nature of the students and she was not in a position to spell out the things that were happened in the college, not only that ragging faced.  For that the complainant number of times made complaint over the things happened in the college to opposite party No.1.  According to the  complainant, the opposite party No.1 failed to provide amenities as agreed at the time of admission, and also failed to provide a room for 4 persons by violating the agreement, the Management made admission of 6 persons in single room without providing bathrooms facility, in such circumstances the daughter of the complainant suffered lot of mental agony.  The opposite party Management failed to switched of the lights after 12 PM i.e. midnights, because of that daughter of the complainant everyday led the life sleeplessly, on that the health of the daughter of the complainant destroyed, because of that she did not made concentration on her studies, on such unavoidable circumstances the daughter of the complainant forced to leave the college.  After that the complainant approached the opposite party and requested the opposite party No.1 to return the amount, but the opposite party No.1 paid Rs.16,800/- and failed to pay the balance amount, as such the complainant approached the Forum for redressal.

From the documents and material available on record, we observed that the opposite party No.1 failed to provide amenities as agreed by them at the time of admission, and also failed to provide a room for 4 persons by violating the agreement, the Management made admission 6 persons in single room without providing bathroom facility in such circumstances the daughter of the complainant suffered lot of mental agony.  The opposite party Management failed to switched of the lights after 12 PM i.e. midnights because of that daughter of the complainant everyday led the life sleeplessly, on that the health of the daughter of the complainant destroyed because of that she did not made concentration on her studies, on such unavoidable circumstances the daughter of the complainant forced to leave the college. After withdrawing admission from the opposite party No.1 college, the complainant approached the opposite party No.1 several times for the balance amount and also issued legal notice which is marked as exhibit A5.   In Fitzee Ltd Vs Dr. Minathi Rath, I (2012) CPJ 194 (NC), the Hon’ble National Commission observed that “respondent’s daughter had attended the classes for one year and having been not satisfied with quality of the training being imparted particularly lack of personalized attention and the schedule of the course being completed in a hurry manner, she was entitled for the refund of the fee for the remaining period on the premises that respondent had at least availed the services for one year”. 

From the record we observed that the complainant paid the amount of Rs.55,350/-  on 20-12-2015, 20-03-2016 and 02-05-2016, but the opposite party paid Rs.16,800/- and failed to pay the balance amount. From the above, we are of the opinion that, as the opposite party failed to pay the balance amount within reasonable time, for that the complainant and his daughter suffered untold mental agony, for which the complainant is entitled for the balance amount of Rs.38,550/- as such this point is answered accordingly in favour of the complainant.

Point No.2:-

In the result, complaint is allowed in part, directing the opposite party No.1 to pay the balance amount of Rs.38,550/- within one month from the date of this order, failing which, the amount shall carry interest @9% per annum from the date of this order till actual payment. The complaint against opposite party No.2 is dismissed as he is proforma party to this proceedings.

          Typed to dictation, corrected and pronounced by us, in the open forum on this the 29^th day of May, 2017.       

        FAC PRESIDENT                      MEMBER

   DISTRICT CONSUEMR FORUM, KHAMMAM

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                 For Opposite party:-   

       -None-                                                                       -None-

DOCUMENTS MARKED:-

For Complainant:-                                                           For Opposite party:-   

FAC President         Member

District Consumer Forum, Khammam.