Karnataka

Chitradurga

CC/46/2019

Sri N.D.Gowda, S/o M.R.Narayanappa - Complainant(s)

Versus

The Principal, Sri Chaithanya Pre University College - Opp.Party(s)

Sri C.J.Lakshminarasimha

29 Mar 2019

ORDER

 

COMPLAINT FILED ON:14/01/2019

DISPOSED      ON:29/03/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO:46/2019

 

DATED: 29^th MARCH 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

                       

……COMPLAINANT/S	N.D. Gowda, S/o M.R. Narayanappa, Age: 48 Years, Assistant Professor, Saraswati Law College, Near AIR Station, Chitradurga R/o Kiran Nilaya, II Cross, Municipal Colony, Kelagote, Chitradurga.   (Reptd., By Sri. C.J. Lakshminarasimha,  Advocate)
V/S
…..OPPOSITE PARTIES	1. The Principal, Sri Chaithanya Pre-University College, Kottara Chowki, Near Mahesh PU College, Mangalore-575006.   2. The Administrator/The Authorized Signatory, Sri Chaithanya Pre-University College, Kottara Chowki, Near Mahesh PU College, Mangalore-575006.   (ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to return Rs.10,500/- with interest @ 2% p.m as damages from the date of payment, Rs.20,000/- towards mental agony, sufferings, mental peace, Rs.15,000/- towards costs, in all a sum of Rs.45,500/- and such other reliefs.   

2.      The brief facts of the case of the above complainant are that, he has applied and requested the OP authorities to get admission for his son by name Chirag M Gowda for I PUC, for which the OPs told the complainant to send Rs.10,500/- as token advance for getting admission and they have orally informed the complainant that, if the complainant is not intended to get admission even after payment of token advance, the OPs have undertaken to refund the entire amount which was collected from the complainant within short time.  Accordingly, the complainant has paid Rs.10,500/- from his account through Axis Bank, B.D. Road, Chitradurga.  After receipt of the amount, the OPs have sent the original cash receipts on 28.12.2017.  Due to some personal inconvenience and also for other bonafide reasons, the complainant is not intended to get admission of his son with the OPs.  The complainant orally informed the OPs and requested to refund the amount which was collected from him, but they failed to return the same.  On several requests and demands, the complainant has issued legal notice to the OPs on 17.12.2018 through RPAD calling upon the OPs to return the aforesaid amount of Rs.10,500/- along with interest, the same has been served to the OPs, but they failed to return the amount.  Hence, this complaint.

3.      In spite of service of notice, the OPs did not appear before this Forum.  Hence, they placed ex-parte.

4.      The complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-8 were got marked and closed his side. 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, OPs have committed deficiency of service in returning the amount of Rs.10,500/- collected from him on 28.12.2017 as per the receipts of OPs and entitled for the relief as prayed for?

              (2) What order?

          7.      Our findings on the above points are as follows:-

                    Point No.1:- Partly in affirmative.

                    Point No.2:- As per final order.

REASONS

8.      Point No.1:- It is not in dispute that, the OPs have collected an amount of Rs.10,500/- from the complainant towards admission of his son by name Chirag M. Gowda for I PUC.  Accordingly, the complainant has sent an amount of Rs.10,500/- for getting admission and the OPs have orally informed the complainant that, if the student is not intended to get admission even after the payment of token advance, they will refund the entire amount which was collected from the complainant.  Due to some personal inconvenience and also for other bonafide reasons, the complainant was unable to get the admission of his son before the OPs.  Accordingly, the complainant requested the OPs to return the amount which was collected from him.  But the OPs failed to return the same.  The legal notice also issued by the complainant to the OPs, by that time also, the OPs have failed to return the amount or to reply the same.  Then the complainant has filed this complaint.  After the notice issued by this Forum, the OPs failed to appear before this Forum  But the OPs have remitted an amount of Rs.10,000/- to the account of the complainant, still the OPs are due to pay an amount of Rs.500/- to the complainant, which is a deficiency of service. 

9.   We have gone through the entire documents filed by the complainant, those are marked as Ex.A-1 to A-8, which clearly goes to show that, the complainant has remitted an amount of Rs.10,500/- to the OPs for getting admission of his son by name Chirag M. Gowda to I PUC before the OPs.  But due to his personal inconvenience, the complainant unable to get admit his son before the OPs.  Therefore, the complainant requested the OPs to refund the amount which he paid towards admission, but the OPs failed to return the same.  Thereafter, the complainant has filed this complaint seeking refund of the amount.  After filing of this complaint, the OPs have remitted an amount of Rs.10,000/- to the account of complainant, the OPs are still due in a sum of Rs.500/-, which is a deficiency of service.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.    

  10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainants U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OPs are hereby directed to pay a sum of Rs.500/- to the complainant along with interest @ 9% p.a from the date of collecting the from the complainant till realization. 

It is further ordered that, the OPs are hereby directed to pay a sum of Rs.10,000/- towards the mental agony and Rs.10,000/- towards costs of the proceedings to the complainant.  

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 29/03/2019 and it is pronounced in the open Court after our signatures)         

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Complainant by way of affidavit evidence.

 

Witnesses examined on behalf of OPs:

 

-Nil-

 

Documents marked on behalf of Complainant:

01	Ex-A-1 & 2:-	Xerox copies of the receipts dated 28.12.2017
02	Ex-A-3:-	Letter dated 01.09.2018 by the complainant
03	Ex-A-4:-	Cancelled cheque
04	Ex-A-5:-	Courier and postal receipts
05	Ex-A-6:-	Legal notice dated 17.12.2018
06	Ex-A-7:-	Postal acknowledgements
07	Ex-A-8:-	Bank statement

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                   PRESIDENT

Rhr**