DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 19^th day of March 2011

Present : Smt.Seena H, President

: Smt. Preetha.G. Nair, Member

: Smt. Bhanumathi.A.K, Member Date of filing: 06/01/2011

(C.C.No.04/2011)

1. Aswathy N, (Minor)

Rep.by (Father) Guardian

Narayanan Kutty

S/o.Parameswaran Nair

Kalluvalappil House

Narayaneeyam,

Kizhakkanchery Post

Palakkad

2. Narayanan Kutty

S/o.Parameswaran Nair

Kalluvalappil House

Narayaneeyam,

Kizhakkanchery Post

Palakkad - Complainants

(By Adv.M.Sugadha Kumar)

V/s

1.The Principal

Prime College of Engineering for

Women, Prime Nagar, Erattayal

Kodumbu Post, Palakkad Taluk

Palakkad – 678 551.

2. Prime College of Engineering for

Women, Prime Nagar, Erattayal

Kodumbu Post, Palakkad Taluk

Palakkad – 678 551.

(Rep.by its Principal) - Opposite parties

O R D E R

By Smt.BHANUMATHI A.K. MEMBER

The Complaint in brief :

The complainant is the minor daughter of 2^nd complainant. 1^st Complainant is a student. 2^nd complainant is an employee of State Bank of Travancore and now working as Assistant Manager of Nenmmara Branch,Palakkad District. On 20/5/2010 2^nd complainant approached the opposite parties to get an admission for his daughter, 1^st complainant for the course of Electronic and Electrical Engineering and in this connection the 2^nd complainant had paid a sum of Rs.300/- towards application form and Rs.25,000/- towards advance tuition fee for his daughter. At the time of taking admission the 2^nd complainant was working at State Bank of Travancore, Puthur Branch, Palakkad. But immediately after taking the admission and making the above said payment the 2^nd complainant has transferred to Zonal Office, Calicut and due to that he was unable to continue the course of the 1^st complainant herein as he has to shift his residence to Kozhikkode with his family and to continue the education of his daughter there.

Immediately the 2^nd complainant convinced the opposite parties about the situation and the opposite parties promised to pay back the advance tuition fee of Rs.25,000/-, for which the opposite parties sought one week time. As the complainant were in hurry to shift their residence to Calicut, as per the instructions of the opposite parties the 2^nd complainant had executed an authorization letter dated 4/7/2010, authorizing his brother to get back the amount from the opposite parties for and on behalf of the complainants and a copy of the same was given to the opposite parties. But inspite of repeated demands the opposite parties did not pay the amount. The complainant says that the amount was remitted not as tuition fee, but as advance tuition fee where as no tuition was taken to the 1^st complainant as before starting the classes the 2^nd complainant was transferred to Calicut and he shifted with his family with immediate effect. The 1^st complainant not attended the classes or not studied in the institution of the opposite parties even for a day. Stating all these facts the complainant sent letter including lawyer notice to the 1^st opposite party. Even after receiving the same there has been no response from the opposite party. Due to the act of opposite parties the complainant was not able to join her studies in Calicut. So the complainant seeking an order directing the opposite parties to pay back the amount of Rs.25,000/- as received by the opposite parties as advance tuition fees with the complainant with interest at the rate of 12% per annum from 20/5/2010 and Rs.25,000/- as compensation for mental agony and cost of the proceedings.

Opposite parties are set exparte. Complainant filed proof affidavit and Ext.A1 to A5 series are marked.

Now the issues to be considered are

1.Whether there is any deficiency in service on the part of the opposite

party ?

2.If so, what is the relief and cost complainant is entitled to ?

Issue 1 & 2

The 1^st complainant is the minor daughter of 2^nd complainant. 1^st complainant is a student and 2^nd complainant is an employee of State Bank of Travancore, working as an Assistant Manager at Nenmmara Branch, Palakkad District. On 20/5/2010 the 2^nd complainant took an admission for his daughter, the 1^st complainant for the course of Electronic and Electrical Engineering in the opposite parties institution. An amount of Rs,25,000/- was paid on the same day as advance tuition fee. Immediately after taking admission he was transferred to Calicut and he has to shift his residence to Calicut with family. So the 1^st complainant was unable to join and continue her course in the opposite party’s institution. The same was informed to the opposite party by the complainant and opposite party agreed to return the money within a week. The 2^nd complainant authorized his brother to receive the money from the opposite parties. But opposite parties did not pay back the money as promised. It is evident from the Ext.A2 documents, the complainant had paid an amount of Rs.25,000/- as advance tuition fee. As the money was paid as advance tuition fee and the complainant has not studied in the institution of the opposite parties even for a day, the opposite parties are bound to pay back the amount. As the opposite parties are set exparte the contentions of the complainant stands unchallenged.

From the above discussions we are of the view that the act of opposite parties amounts to deficiency of service on their part.

In the result the complaint is allowed. The opposite parties are jointly and severally directed to pay back an amount of Rs.25,000/- which is received as advance tuition fee to the complainant and an amount of Rs.5,000/- as compensation for mental agony and Rs.1,000/- allowed as cost of the proceedings.

The order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realisation.

Pronounced in the open court on this the 19^th day of March 2011.

Sd/-

Seena H

President

Sd/-

Preetha G Nair

Member

Sd/-

Bhanumathi.A.K.

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 – Original Receipt No.364 issued to the 1^st complainant by opposite

parties

Ext.A2 – Original Receipt No.365 issued to the 1^st complainant by opposite

parties

Ext.A3 – Copy of letter issued by complainant to opposite parties

Ext.A4 – Copy of letter issued by complainant to opposite parties

Ext.A5 series – Copy of lawyer notice to opposite parties dt.20/12/10.

Exhibits marked on the side of the opposite parties

Nil

Cost

Rs.1,000/- allowed as cost of the proceedings.