This Complaint coming up before us for hearing on                     10-06-11 in the presence of Sri S.A. Khadar, advocate for complainant and of Sri M. Seetharamdas, advocate for opposite party                        upon perusing the material on record after hearing both sides and having stood over till this day for consideration this Forum made the following:-

O R D E R

Per Sri A. Hazarath Rao, President:-

        The complainant filed this complaint U/S 12 of the Consumer Protection Act for return of Rs.10,000/- paid by him as caution deposit to the opposite party, Rs.16,400/- being the interest from 06-10-03 to 10-08-10, Rs.25,000/- towards mental agony and suffering, Rs.5,000/- towards traveling expenses.

2.   In brief the averments of the complaint are these:

        The complainant did his MBBS in the college of the opposite party during 2003-2008.   The complainant completed his MBBS in 2009.  At the time of admission the complainant paid Rs.10,000/- towards caution deposit on 06-10-03 among other fees.  After completing MBBS the complainant approached the opposite party for return of caution deposit amount.  The complainant handed over the original receipt to the opposite party.  Since then the opposite party did not refund the caution deposit.   Inspite of notice also the opposite party did not return the caution deposit.   Not returning of caution deposit amounted to deficiency of service.  The complainant is entitled to his caution deposit amount together with interest @24% p.a.   The complaint therefore be allowed.

3.   The contention of the opposite party in nutshell is hereunder:

        There is no relationship of consumer and dealer in this matter.  The complainant has not produced any receipt showing the deposit.   Even otherwise the alleged deposit is not refundable.   The complainant has to pay fee to the opposite party @Rs.51,000/- per year.   The complainant paid fee for 4 ½ years only.   The complainant has to pay Rs.27,500/- towards college fees.   There is no deficiency of service.  The complaint therefore be dismissed.

4.  Exs.A-1 to A-5 on behalf of complainant and Exs.B-1 to B-6 on behalf of opposite party were marked.

5.    Now the points that arose for consideration in this complaint are:

1. Whether the opposite parties collected Rs.10,000/- from the complainant towards caution deposit?
2. Whether the opposite party committed deficiency of service?
3. Whether the complainant is entitled to compensation?
4. To what relief?

6.  POINTS 1 & 2:-      Ex.A-1 notice was issued by the complainant’s father on 05-02-10 (Ex.A-1).   In Ex.A-1 notice it was mentioned that the opposite party collected cash deposit of Rs.10,000/- vide receipt bearing No.37, dated 06-10-03 and the said amount has to be refunded after completion of the course.   Complainant contended that he handed over the original receipt to the opposite party when asked for.  The complainant did not file original receipt into Forum.  The opposite party filed Xerox copy of receipt No.37 dated 06-10-03 issued in the name of the complainant i.e., V. Kalyana Seetharamaiah           (Ex.B-2).   The opposite party collected Rs.10,000/- under the head “fees other than tuition fees”.   The receipt number mentioned in         Ex.B-2 and A-1 notice tallied.    Exs.B-2 falsified the contention of the complainant that he remitted Rs.10,000/- towards caution deposit.   It can therefore be said that the complainant did not pay Rs.10,000/- on 06-10-03 towards caution deposit.   In view of Ex.B-2 we opine that the opposite parties did not commit any deficiency of service.   These points are therefore answered against complainant.

7.  POINT No.3:-    In view of findings on points 1 and 2, the complainant is not entitled to any compensation.  Hence, this point is also answered against the complainant.

8.    POINT No.4:-    In view of findings on points 1 to 3, in the result the complaint is dismissed without costs.     

Typed to my dictation by junior stenographer, corrected by me and pronounced in the open Forum dated this the 10th day of June, 2011.    

            MEMBER                                 MEMBER                                             PRESIDENT

APPENDIX OF EVIDENCE

  DOCUMENTS MARKED

For Complainant:

For opposite party:        

                                                                                           PRESIDENT