Date of filing: 05.03.2014.
Date of disposal: 08.9.2014.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: Smt N. Tripura Sundari, B. Com., B. L., President (FAC)
Sri S. Sreeram, B.Com., B.A., B.L., Member
Monday, the 8th day of September, 2014
C.C.No.59 of 2014
Between:
Janyavula Tirumala Rao, S/o Veera Venkata Rao, Hindu, Aged 48 years, Properties & Business, R/o.D.No.20-1A, Sriram Finance, Beside Dharma Theatre, Nuzvid.
…..Complainant.
And
1. The Principal, Sri Chaitanya Educational Institution, Sri Chakra Bhavan, Gudavalli, Vijayawada Rural Mandal, Krishna District.
2. The Chairman, Sri Chaitanya Educational Institutions, Tadigadapa, Vijayawada.
.. … Opposite parties.
This complaint coming on before the Forum for final hearing on 25.8.2014, in the presence of Sri U.R.P. Srinivas, advocate for complainant; Sri K. Benerjee, advocate for opposite parties; and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Sri S. Sreeram)
This is a complaint filed by the complainant under Sec.12 of Consumer Protection Act against the opposite parties 1 and 2 directing them to pay Rs.60,250/- towards refund of amount paid under various heads, to pay Rs.30,000/- towards compensation for mental agony caused to him, to pay interest, costs and other reliefs.
The brief averments of the complaint are as follows:
1. The complainant joined his son by name Janyavula Varun in the 1st opposite party college i.e. Sri Chakra Bhavan at Gudavalli, Vijayawada in Junior Inter MPC group on 6-6-2013 and he paid Rs.10,250/- on 22-3-2013 under receipt No.3701805, Rs.250/- under receipt No.370186, Rs.40,000/- on 23.4.2013 under receipt No.2949954, Rs.7000/- on 6.6.2013 under receipt No.3792797 towards POCMNY and also Rs.3,000/- under receipt No.3792798 towards Akash books cash. The complainant’s son stayed in the above said campus till 24.7.2013 and came back to Nuzvid. The complainant’s son during last week of July, 2013 was suffering from ill health and as such he was kept in a sick room and there were no facilities and no body attended on him and that the complainant’s son was not allowed to attend his room and as such the complainant’s son discontinued his studies from 25.7.2013. Thereafter the complainant visited the opposite parties several times for refund of free amount, but they have been postponing the same on some pretext or the other and the complainant got issued a legal notice on 28.9.2013 calling upon the opposite parties for refund of amount and the opposite parties received the notice, but did not comply with the demand. Hence, the complaint.
2. After registering the complaint, notices were sent to the opposite parties. The 1st opposite party filed version, which was adopted by the 2nd opposite party. The 1st opposite party filed version denying the material allegations of the complaint and further contended that the complainant’s son joined in the hostel on 6-6-2013 in A.C campus and stayed till 24.7.2013 and he attended the classes till then and on the same day the complainant came to college and took his son by obtaining permission, but later his son did not turn up and that later the complainant addressed a letter dt.11.8.2013 requesting to arrange the account settlement. It is further contended that according to the conditions laid down by the institution, the room allotment fee for the hostlers is not refundable and that the complainant’s son stayed 48 days in hostel and per day it costs Rs.750/- in AC Campus and it comes to Rs.36,000/- and that the complainant’s son took Rs.4,000/- cash from pocket money and Rs.1800/- was paid for Dhobi, Rs.1500/- was paid for Academic books and the complainant is not entitled for any refund of amount and he has to pay Rs.36,000/- to the opposite parties and further contended that the complainant’s son on his own will left the college and there is no deficiency in service on opposite parties and prayed to dismiss the complaint.
3. The complainant filed his chief affidavit reiterating the material averments of the complaint and got marked Ex.A1 to A9 on his behalf. The employee of 1st opposite party filed chief affidavit, but no documents were marked.
4. Heard both sides and perused the record.
5. Now the points that stood for consideration are
- Whether there is any deficiency of service on the part of opposite parties in refunding the amount to the complainant?
- If so, to what relief.
Points No.1
6. In the present case, as seen from the record, there is no dispute with regard to admission of complainant’s son in the opposite parties’ institution on 6.6.2013 and payment of fees under various heads, which comes to Rs.60,250/-. Ex.A1 to A5 establishes the payment of fee by the complainant under various heads on different dates. The opposite parties are also not disputing the said receipts. The contention of the complainant is that in the last week of July, 2013, his son fell sick and that the opposite parties kept him in a sick room and not attended anybody and as such his son discontinued his studies and left from the campus on 24.7.2013. As seen from the contention of opposite parties also on 24.7.2013 the complainant took his son from the campus by obtaining permission on the ground that the complainant’s son was suffering from ill health and later he didn’t turn up. As such, it is clear that the complainant son took admission in the college on 6.6.2013 and left the college on 24.7.2013.
7. The main grievance of the complainant is that he informed the inability of his son to continue the studies and requested the opposite parties to settle the account by visiting number of times and as there is no response from them, he also got issued legal notice under Ex.A6 and the same were received by opposite parties 1 and 2 under Ex.A7 and A8. But there is no response from them. On the other hand, the contention of the opposite parties is that according to the conditions laid down by the institution, which are mentioned in the application “CANCELLATION OF ADMISSION AND ACCOUNT SETTLEMENT, the room allotment fee for the hostlers is not refundable and that the complainant’s son stayed 48 days in hostel and per day it costs Rs.750/- in AC Campus and it comes to Rs.36,000/- and that the complainant’s son took Rs.4,000/- cash from pocket money and Rs.1800/- was paid for Dhobi, Rs.1500/- was paid for Academic books and the complainant is not entitled for any refund of amount and he has to pay Rs.36,000/- to the opposite parties. But to substantiate their contention, the opposite parties has not filed any piece of document. The opposite parties not even filed the application form containing the conditions and also not produced any account copies showing that they have paid Rs.4,000/- cash from pocket money of complainant’s son and Rs.1800/- for Dhobi and Rs.1500/- for books. In the absence of any documentary evidence, it is not safe to rely on the oral evidence of opposite parties. On the other hand, the complainant got marked Ex.A9 Application for Admission in to Hostel in respect of his son, which was not disputed by the opposite parties. Ex.A9 is a crucial document in this case and on perusal of the same, on the back side, there is a heading captioned as “CANCELLATION OF ADMISSION AND ACCOUNT SETTLEMENT”, where under it is mentioned that
hostellers : Before July 31st Rs.15,000/-, Rs.20,000/- and Rs.25,000/- for LEO
NEON SPARK & ICON SPARK/MEDICON/NEON (IC) respectively will be deducted. Before September 30th Rs.25,000/-, Rs.30,000/- and Rs.35,000/- for LEO NEON SPARK & ICON SPARK/MEDICON/NEON (IC) respectively will be deducted. No fee will be refunded after September 30th (irrespective of number of attendance in any case)
Note : Admission fee is not refundable i.e. for hostellers Rs.5,000/- and others Rs.2,000/- Further at 12th condition, at point no.3, it is mentioned that “ I know that the fee paid towards admission is not refundable in any case.
8. It is an admitted fact that the complainant’s son took admission in the college as hosteller and he left the college on 25-07-2013 i.e. before 31st July. Hence, as per the clause referred above, the opposite parties are liable to pay the amount after making deductions. It is not clearly mentioned by the both the parties that the complainant son joined in which branch i.e. LEO NEON SPARK & ICON SPARK/MEDICON/NEON (IC) as mentioned in the clause. It is only mentioned in the application form that the complainant’s son joined in “NPL A/C.” It is not the case of the opposite parties that the said branch students are not entitled for refund of amount. As such the opposite parties are liable to refund the amount after making deductions as referred in the above clause besides admission fee of Rs.5,000/- and application cost of Rs.250/- out of Rs.60,250/- paid by the complainant and the acts of opposite parties in not settling the account so far amounts to deficiency in service. But keeping in view of the fact that, once the student discontinues his studies, his seat will remain vacant as the admissions will be closed by the month of July, we are not inclined to grant interest and compensation. Accordingly this point is answered.
Point No.2:
9. In the result, the complaint is allowed partly and the opposite parties 1 and 2 are jointly and severally liable to refund the amount after making deductions as referred in the Ex.A9 application under the head “for hostellers’ besides deducting Rs.5,000/- towards admission fee and application cost of Rs.250/- out of Rs.60,250/- paid by complainant. The opposite parties are further directed to pay costs of Rs.500/-. Time for compliance is one month. The other claims of the complainant are hereby dismissed
Typewritten by Steno N. Hazarathaiah, corrected by me and pronounced by us in the open Forum, this the 8th day of September, 2014.
PRESIDENT (FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainant: -None- For the opposite party: -None-
Documents marked
On behalf of the complainant:
Ex.A1 to A5 Original copies of fees receipts issued by OP
Ex.A6 28.09.2013 Copy of legal notice got issued by complainant to OPs.
Ex.A7 Postal acknowledgement
Ex.A8 Postal acknowledgement
Ex.A9 Photocopy of application for hostel admission.
On behalf of the opposite parties: - Nil-
PRESIDENT (FAC).
