BEFORE THE DISTIRCT CONSUMER FORUM AT KHAMMAM

Dated this, the 16^th day of April, 2018.

                   Quorum: 1. Sri. P. Madhava Raja, _{B.Sc., M.Lisc. LL.M.,}  President

                                 2. Sri. R. Kiran Kumar, _{B.Sc., LL.M.,} Member.

C.C.No.12/2017

Between:

K.Rama Krishna, S/o. Venkateshwar Rao,

Age: 47 years, Occu:Advocate, R/o.H.No.4-2-369,

Sri Nagar Colony, Road No.2, Rotary Nagar,

Khammam City and District,

Telangana State – 507 002.                                          …Complainant

And

1. The Principal, Sri Chaitanya Boys Junior College,

C.V.Raman Bhavan – III, Nidamanuru,

Vijayawada Rural – 521 104,

Krishna District, Andhra Pradesh.

2. The Chief Administrative Officer,

Sri Chaitanya Educational Institution, Saraswathi Bhavan,

Tadigadapa, Vjayawada, Krishna District, Andhra Pradesh.

3. The Principal, Sri Chaitanya Boys Junior College,

Sri Soudha Campus, Opp:S.R. & BGNR College,

Yellandu Road, Khammam City and District,

Telangana State-507 002.                                      …Opposite parties

          This C.C. is coming on before us for final hearing in the presence of Sri.G. Sitarama Sharma, Advocate for Complainant; and of                          Sri. K. Ravindranath Advocate for Opposite Party Nos.1 & 2 and of                Sri Chintanippu Venkat, Advocate for Opposite Party No.3; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following order;

O  R  D  E  R

(Per Sri R. Kiran Kumar, Member)

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

1.       The averments made in the complaint are that the son of the complainant by name i.e. K.Seran Teja joined in Intermediate – 1^st  year M.P.C. Group in the Academic year 2014-15 in the Opposite Party No.1 Campus in Vijayawada and paid Rs.90,000/- towards college and hostel fee vide admission No.145169106. The complainant submitted that during the Academic year, his son faced a lot of health problems due to lack of physical exercise, lack of exposure to sun light he faced skin decease. The complainant also submitted that the Opposite Party No.1 used to suffocate the students in the class rooms from 6.00 A.M. to 10.30 P.M. and  failed to provide hygienic and tasty food to the students.  In such circumstances, the son of the complainant completed Intermediate 1^st year examinations and vacated from the campus of Opposite Party No.1. The complainant further submitted that the doctor advised the son of the complainant not to stay in the hostel for his health sake, for that the complainant approached the Opposite Party No.1 for Transfer Certificate (T.C.) to join his son as a day scholar to 2^nd year Intermediate Academic year.  At that time the Opposite Party No.1 advised the complainant to join his son at their branch at Khammam, which is also belongs to Opposite Party Nos.1 and 2.  The Opposite Party No.1 also advised the complainant to continue his son’s admission in the Opposite Party No.1 campus and attend for classes at the campus of Opposite Party No.3 at Khammam as day scholar and attend Intermediate 2^nd year examinations through Opposite Party No.1.  The complainant further submitted that the Opposite Party No.1 advised the complainant to pay 2^nd year Intermediate fee at their Khammam Campus only. On their advise the complainant admitted his son in Opposite Party No.3 campus in Khammam and paid Rs.31,500/- towards college tuition fee as day scholar. The complainant further submitted that he paid Practical and Theory Examinations fee to the Board of Intermediate Education, A.P. through Opposite Party No.1 campus at Vijayawada and thereafter approached the Opposite Party No.1 to collect Practical Examinations Hall Ticket of his son, to his surprise the Opposite Party No.1 demanded the complainant to pay the Intermediate 2^nd year fee for an amount of Rs.90,000/- for issuance of Hall Ticket and also demanded that if he failed to pay that amount, they will not allow the son of the complainant to appear for Examination.  Even after several requests made by the complainant, the Opposite Parties  mercilessly refused the request of the complainant for issuance  of Hall Ticket.  The complainant further submitted that his son never stayed a single day in the campus of Opposite Parties or in any other branches of Opposite Party Nos.1 and 2 at Vijayawada for the 2^nd year Intermediate, but the Opposite Party No.1 demanded the complainant to pay total fee of Rs.90,000/- towards the 2^nd year Intermediate fee.  The complainant further submitted that the Opposite Party No.2 demanded the complainant to pay Rs.40,000/- and get Hall Ticket to appear for Examinations, due to the above stated circumstances and for the bright future of his son he paid Rs.40,000/- towards 2^nd year Intermediate fee and obtained the Hall Ticket for Practical and Theory Examination. 

It is further submitted that the Opposite Party No.1 and Opposite Party No.3 are the same Institution under the control of Chaitanya Educational Institution at various places including Vijayawada and Khammam also  with the acceptance of Opposite Party No.1 only the complainant joined his son in the campus of Opposite Party No.3.  At the time of issuance of Practical and Theory Hall Tickets for the 2^nd year, the Opposite Party No.1 demanded to pay an amount of Rs.90,000/-, for the bright future of his son the complainant negotiate with the Opposite Party No.2 and paid Rs.40,000/-under the protest and completed the 2^nd year Examinations.  The complainant further submit that without studying the son of the complainant in the Opposite Party No.1 campus for the 2^nd year Intermediate, the Opposite Party No.1 illegally collected Rs.40,000/-, which caused financial suffering and mental agony.  That on 03-02-2017 the complainant got issued legal notice to the Opposite Party Nos.1 to 3 to refund the amount of Rs.40,000/- along with interest @ 24% p.a., even after receipt of the notice the Opposite Parties failed to pay the said amount, hence this complaint.

2.      On behalf of the complainant the following documents were filed and marked as Exhibits A-1 to A-9.

Ex.A-1:- is the Photocopy of Legal Notice along with Postal Receipt and    

     acknowledgment card.

Ex.A-2:- is the Photocopy of Transfer Certificate for Intermediate course

    issued by Sri Chaitanya  Junior College, Vijayawada.

Ex.A-3:- is the photocopy of Study and Conduct Certificate dt:05-05-2016.

Ex.A-4:- is the photocopy of Intermediate Pass Certificate cum Memorandum

    of Marks.

Ex.A-5:- is the photocopy of fee receipts (3) numbers for an amount of

    Rs.31,500/-

Ex.A-6:- is the photocopy of document issued by Opposite Parties directing

    the Opposite Party No.1 to collect Rs.40,000/- from the complainant.

Ex.A-7:- is the photocopy of fee receipts (4) numbers for an amount of

              Rs.40,000/- issued by Opposite Party No.1

Ex.A-8:- is photo copy of Identity Card issued by Opposite Party Nos.1 to 3.

Ex.A-9:- documents downloaded from google web site belongs to Opposite

              Parties.

3        On receipt of the notice, the Opposite Parties Nos.1 to 3 appeared thorough their Counsels and filed their Counters.  The Opposite Party Nos. 1 and 2, in their Written Version they denied all the averments and allegations made by the complainant in the complaint.  The Opposite Party Nos.1 and 2 submitted that the son of the complainant joined in the college with his own choice and the management will take care regarding the food, accommodation education of students and also they will take special care to the students residing in the hostel. The Opposite Parties also submitted that the time table will be  fixed as per the convenience of the students.  The Opposite Party Nos.1 and 2 further submitted that they are not aware regarding the health problem of son of the complainant.  The Opposite Party Nos.1 and 2 further submitted that as per the advice of the Doctor, the son of the complainant might have discontinued his studies and it is the problem of student and not to the college.  The Opposite Parties further submitted that the complainant never approached the Opposite Party No.1 for Transfer Certificate and they have not given any advice to the complainant to join his son at their branch at Khammam.  The Opposite Parties submitted that after promotion to Senior intermediate the complainant approached the C.A.O. in the first week of December,2015 for the settlement of the account of student, to whom informed to pay Rs.40,000/- towards Intermediate 2^nd  year fee as his son wants to discontinue his studies due to ill-health.  The Opposite Party Nos.1 and 2 further submitted that the Opposite Party No.3 is not their branch and the Opposite Party Nos.1 to 3 are not the same Institutions running under the name and style of Sri Chaitanya Institutions. The Opposite Parties 1 and 2 further submitted that if really the son of the complainant did not stay a single day in the college and hostel of Opposite Party No.1, he will not wait till December,2015.  There is no negligence and deficiency of service on the part of Opposite Party Nos.1 and 2 and the complaint was filed to degrade the Opposite Party Nos.1 and 2 for wrongful gain, the complaint did not come under the purview of Consumer Protection Act, as such prayed to dismiss the complaint.

The Opposite Party No.3 in their counter, they denied all the averments made by the complainant in the complaint.  The Opposite Party No.3 submitted that they are running Institution in the name and style as                 Sri Chaitanya Junior College, Khammam since 1997 and they got Affiliation from the Board of Intermediate Education  with a logo.  The Opposite Party No.3 Institution has established with various Branches at Khammam.  The Institution no way concerned with any other Institution especially  as alleged in the complaint by the complainant.  The Opposite Party No.3 further submitted that their Institution is under the control of Chaitanya Education Institutions  at various places and also it is not a branch to the Opposite Party Nos.1 and 2, lastly submitted that the Opposite Party No.3 managing directors of the Institution, Affiliation and Logo entirely different with the Opposite Party Nos.1 and 2.  The Opposite Party No.3 further submitted that the complainant joined his son in the Institution for IIT coaching and he has not taken any admission as alleged by him and they have no knowledge that what happened towards the complainant’s son in the Opposite Party Nos.1 and 2 Institution.  It is further submitted that there are number of Admissions in their Institution either for coaching of IIT or for Intermediate, therefore the institution is not particular about their reasons except imparting coaching to the students.  The receipts which are filed by the complainant are admittedly issued by the Opposite Party No.3 in reference towards fee for the coaching of IIT and it is clearly mentioned in column class and group as NF-I, NF-2.  Further the Opposite Party No.3 submitted that, the complainant suppressed the real facts and filed false complaint against the Opposite Party No.3 for wrongful gain, as there is no negligence and deficiency of service on the part of Opposite Party No.3, as such prayed to dismiss the complaint.

4.      No documents filed on behalf of Opposite Parties.

5.       Both parties filed Written Arguments.

6.      Oral Arguments of both Parties heard.

7.      Upon perusing the material papers on record, now the point that arose for consideration is,

1) Whether the complainant is entitled for the claim?

2) To what relief?

Point No.1:-

The case of the complainant is that he joined his son in Opposite Party No.1 College campus at Vijayawada and paid Rs.90,000/- for academic year 2014-15.  According to the complainant during the academic year, his son faced a lot of health problems as the opposite party No.1 failed to provide hygienic and testy food.  As per the advice of the Doctor, the complainant approached the Opposite Party No.1 for obtaining Transfer Certificate to join his son as day scholar.  According to the complainant on the advise of the Opposite Party No.1, he joined his son at their branch at Khammam as day scholar and son of the complainant attended Intermediate 2^nd year examinations through the Opposite Party No.1.  At the time of admission in Opposite Party No.3 campus in Khammam for intermediate 2^nd year, the complainant paid Rs.31,500/- towards tuition fee as day scholar.  According to  the complainant, when he approached the Opposite Party No.1 to collect practical examinations Hall Ticket of his son, to the surprise the Opposite Party No.1 demanded the complainant to pay Rs.90,000/- for issuance of Hall Ticket and also demanded that if he failed to pay the amount they will not allow the son of the complainant to appear for examinations.  As the Opposite Party No.1 refused to issue Hall Ticket, the complainant approached the Opposite Party No.2 and explained all the above on that, the Opposite Party No.2 directed the complainant to pay Rs.40,000/- and get Hall Ticket to appear for examinations.  Due to the compelling circumstances and for the bright future of his son, the complainant paid an amount of Rs.40,000/- and obtained Hall Ticket.  According to the complainant without studying 2^nd year intermediate in Opposite Party No.1 campus, the Opposite Party Nos.1 and 2 erroneously collected an amount of Rs.40,000/-, which is illegal, as such the complainant approached the Forum for redressal.

From the documents and material available on record, we observed that as per the complaint, the complainant’s son attended the classes for the first year in Opposite Party No.1 campus and on advise of Opposite Party No.1 he joined his son in Opposite Party No.3 campus at Khammam by paying an amount of Rs.35,000/- towards day scholar, the payment receipts which are marked as Ex.A-5.  The son of the complainant studied 2^nd year Intermediate at Khammam and when the complainant approached the Opposite Party No.1, to collect Hall Ticket to appear for examinations, they demanded Rs.90,000/- and the same was reflected as due on Ex.A-7 receipts.  In the compelling circumstances, the complainant has paid Rs.40,000/- to get Hall Ticket even though his son never appeared classes for a single day in Intermediate 2^nd year at Opposite Party No.1 campus.  And also as per Ex.A-9 documents down loaded from google intermediate search, the address of opposite party No.3 is available in the link opened by opposite parties No.1 and 2.  Even though they filed separate counters, both are one and the same group.  That the complainant approached the Opposite Party Nos.1 and 2 several times for refund of the above amount and also issued legal notice which is marked as Ex.A-1.  In Fitzee Ltd. Vs. Dr.Minathi Rath, I (2012) CPJ 194 (NC). The Hon’ble National Commission observed that “Respondents daughter had attended the classes for one year and having not been satisfied with quality of training being impacted particularly lack on personalized attention and the schedule of course being completed in hurry manner she was entitled for refund the fee for the remaining period”.  Similarly in this case also the complainant paid an amount of Rs.40,000/- on 03-02-2016,  03-02-2016, 27-05-2016 and 27-05-2016 on (4) occasions, but the son of the complainant never attended the classes for that particular academic year.  Even after receipt of the demand notice from the complainant, the Opposite Party Nos.1 and 2 failed to return the amount.  For the above, we are of the opinion that the complainant and his son  suffered untold mental agony for the non issuance of Hall Ticket at the time of examinations, for which they are entitled for an amount of Rs.10,000/-, towards damages as such this point is answer accordingly in favour of the complainant.

Point No.2:-

8.       In the result, the complaint is allowed in part directing the Opposite Party Nos. 1 and 2 to refund the collected amount of Rs.40,000/- with interest @9% p.a. from 27-05-2016  and also directed to pay damages of Rs.10,000/- within one month, failing which the amount shall carry interest @9% p.a. from the date of this order till actual payment. 

          The complaint against the Opposite Party No.3 is dismissed.

(Dictated to the Stenographer, typed by her, corrected and pronounced by us in the open forum, on this the 16^th day of April, 2018.)

     Member                  President             

District Consumer Forum, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Complainant                                                    For Opposite parties   

       -None-                                                                       -None-

DOCUMENTS MARKED

For Complainant                                                    For Opposite parties

         Member                  President              

District Consumer Forum, Khammam