Orissa

Rayagada

CC/15/17

Sri Suresh Chandra Dash, S/o: Late Binayak Dash - Complainant(s)

Versus

The Principal, Sri Chaitanya Educational Insttution, IPL Branch, - Opp.Party(s)

Self

05 Feb 2016

ORDER

DISTRICT   CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA,

C.C. Case No.17 / 2015

                      

P R E S E N T .

Sri Pradeep Kumar Dash, LL.B                                     President.

AND

 Smt. Ch.Nirmala Kumari Raju, LLB                                          Member

 

Sri Suresh Chandra  Das, aged about 53 years, S/o Late Binayak Dash, Resident of Karana Street,Rayagada, Po/Ps/Dist. Rayagada, Odisha.

                                                                                                                                                                                                                                    ………..Complainant

                                   Vrs.  

1. Principal, Sri Chaitanya Educational Institution, IPL Branch, Gudavalli,Po/Ps GudavalliVijayawada, Andhra Pradesh.,

 

2. The Managing Committee of Sri Chaitanya Educational Institution, Represented by its Principal, Gudavalli, Vijayawada.                                                                                                                                                                                                                                                          ……….Opp.Parties

  For the Complainant:  Sri D. Ravi Prasad, Advocate,  Rayagada.

  For the Ops: Self

 

JUDGMENT

            The grievance of the complainant is that on being allured by the advertisement of the O.Ps the complainant intended his son to join in the institute of the O.ps and approached the O.ps for admission.  On 12.04.2012 his son was taken admission after payment of Rs.70, 000/- towards admission fees  and paid aRs.40,000/- on 03.05.14  towards tuition fees per annum and put his son in hostel but subsequently the complainant could know that they are commercialized the education for their own benefit and they are not having good teachers to teach the subject and they used to take the hazira of the students and ask them to read the books in the class and there is no teaching by any qualified teachers. Even the college authority on repeated complaint does not improve the position including the hostel feedings and whenever asked they say that the faculty is on leave and will start the classes very soon. The environment in the said institution is also not conducive for the purpose of education and as such the complainant was forced to take back the admission because of the deficiency noticed and suffered by his son with the food and non-hygienic problem in the hostel. In total the complainant has paid Rs.90, 000/- believing the version of the O.ps. When the complainant has withdrawn his son from the said school they have to refund the money but in spite of repeated demands they refused to pay the amount. Since the complainant’s son will lose his academic year for which the complainant has admitted his son in the Rayagada, Odisha for the same year. The O.ps without giving any service has taken away the amount of Rs.90,000/- from the complainant with false promise and false advertisements without providing any such services and due to such activities  the O.P is coming under the purview of  unfair trade practice and deficiency of service in  teaching and hostel facilities  and all these aspects has caused mental agony and financial to the complainant and also to his son   and hence prayed  to direct the O.ps to refund the amount along with compensation and litigation cost and such other relief as the forum deem fit and proper. Hence, this complaint.

                        Being noticed, the O.ps appeared and filed their written version inter alia denying their petition allegations on all its material particulars. It is submitted by the .O.ps that the son of the complainant  has joined  in the institute of O.P at Vijayawada but it is not true that the complainant attracted by such advertisement  and approached the O.P for admission. The complainant has after through enquiry and after his satisfaction with campus, approached the O.P and sought for admission. Their hostel is number one in India and they are providing good food and  the faculty members used to go the hostel and if necessary they give assistance to the students by giving  special classes for no extra cost. It is true that  the complainant has paid an amount of aRs.90,000/- but it is false to say that believing the version of opposite party they have paid the said amount the complainant personally inspected the premises and teaching staff in the institution satisfied himself and thereon admitted his son into the institution  of the opposite party.  Once the institution admits the student, there is no scope for admission of any other pupil for the said seat for the next two years course of Intermediate class and if the existing student withdraws himself, the institution will be put to a great loss by leaving the seat vacant. The O.ps running the organization strictly adhering to highest standards of education and norms.  All the branches of O.Ps have fixed norms and stipulations and the parent is explicitly made aware of the said covenants at the time of admission of the student in the organization. The complainant has clearly understood the  term and conditions and subscribed his signature to the  application form   and in spite of  terms and conditions specified in the said application, the complainant agitated the issue on some flimsy grounds, creating panic in the minds of the opposite party and further defaming the status of the Opp.Party institution in the public  as such the  Opp.Party is entitled to claim damages of Rs.50,000/-  for the mental agony suffered besides the legal expenses incurred in this regard and prayed to dismiss the petition in the interest of justice.                        FINDINGS.

 

                        During the course of hearing the O.ps  denied all the allegations but the complainant has  strongly opposed the argument of the Opp.Party   and filed some documents of  their college including hospitalization for food poisoning and  the complainant has rightly withdrawn his son from the said institutions. As such  many documents stating the deficiency and subsequently sufferings of the student’s has proved the continuous deficiency in their fooding in the hostel and other circumstances   and no document is forthcoming from the side of the O.P to deny the published item in the TV and newspapers etc. As such he is entitle to get back his amount which was paid in advance. Hence order.

                                                            ORDER

 

                        In view of the above discussion the O.ps found to be deficient in their hostel management and  fooding  permitting the complainant’s son to withdraw from the said institution and demanded for refund of the entire amount i.e Rs.90,000/-  deposited in advance for the purpose and as such the O.ps are directed to refund the said amount with bank rate of interest. In the circumstances there shall be no order for cost or compensation. The O.ps are directed to comply the above order within thirty days of receipt of this order failing the awarded amount carry interest @ 12% p.a. from the date of deposit to till its realization.

 

                        Pronounced in open forum today on this 5^th day of December, 2015 under the seal and signature of this forum.

 

                        Supply the copy of order to the parities free of cost.

 

 

 

                        Member                                                                        President

Documents  relied upon:

By the complainant: 

1.         Copy of  DD Rs.40,000/-dt.03.05.13,Rs.40,000/- dt.07.06.13.

2.         Copy of Money Receipt of Rs.10,000/-

3.         Copy of Circular of O.p institution

 

4.         Copy of Courier acknowledgement

5.         Copy of Sri Chaitanya IIT-JEE Academy

 

By the O.P: 

1.         Admission Application Form

 

 

 

                                                                                                                                                                                                                                                President