D.O.F : 14/02/2024
D.O.O : 30/09/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.47/2024
Dated this, the 30th day of September 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Soorya Kumar
Shiva Durga Nilaya
Bhagavathi Nagar
Pulkoor
Shiribagilu Post
Kasaragod district. : Complainant
And
The Principal
MEWA Vanguard Business School
No 128, 38th Cross
East End Main Road
Jayanagar 9th Block
Bengaluru – 560041.
Karnataka State. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts of the case is that the complainant’s daughter Durgasri was searching for an educational institution for admission in MBA course. In the meanwhile they heard about the institution of opposite party in Karnataka, Bangalore. The opposite party is the principal of MEWA, Vanguard business school at Karnataka. Thus, the complainant and his daughter approached opposite party for admission. As per the direction of opposite party the complainant had paid an advance amount of Rs. 40,000/- to opposite party on 21/12/2022 for advance fee and hostel charges for MBA course. At the time of admission, the opposite party told that the hostel is very near to the college. But when the complainant entered into the campus, they came to know that the hostel was far away from the college. Hence the complainant’s daughter refused to go to the hostel and applied for refund of the advance amount. The complainant waited for reasonable time for the refund. Again on 05/12/2023, the complainants approached opposite party for refund of the aforesaid amount. But opposite party was not ready to heed the request of the complainant. The complainant had given a petition to DLSA. But due to the non-co-operation of opposite party, the issue was not resolved. The opposite party was not ready to refund the admission fee. Hence this complaint for refund of the paid amount, Rs. 40,000/- with compensation and cost.
Notice of opposite party served, but they did not turned up. Name of opposite party called absent, set exparte.
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext. A1 to A5. The issues raised for consideration are;
- Whether there is any deficiency in service/unfair trade practice on the part of opposite parties in non-refund of the advance amount?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
Issues 1 to 3 can be discussed together for convenience. The case of the complainant is that, his daughter Durgasri got admission for MBA course in opposite party’s college. At the time of admission, opposite party told that the hostel is very near to the college. So they took admission, but after the admission when they entered into the campus, they realized that the hostel is far away from college. So the complainant’s daughter was not ready to take admission there. The complainant’s daughter applied for refund of the advance amount. Even though opposite parties agreed for refund, so far the amount is not refunded. The complainant has produced,
Ext. A1 – Copy of the notice to refund the fee paid in advance
Ext. A2 – Train ticket
Ext A3 – Proof of complaint given to DLSA.
Ext. A4 – payment details of Rs. 40,000/- from the account of Durgasri K Rao on 21/12/2022
Ext. A5 – Admission letter
Ext. A1, A3, A4 and A5 are clear evidence for the admission and payment of advance amount by complainant to opposite party.
We carefully gone through the affidavit and documents filed by the complainant. Ext. A4 and A5 prove that complainant’s daughter Durgasree K Rao had got admission in opposite party’s college and they paid an amount of Rs. 40,000/- as advance fee. As per affidavit, the complainant’s daughter refused to go to the hostel which is far from the college, hence they cancelled admission and the opposite parties agreed for refund of the advance amount. But so far refund is not done. In the absence of rebuttal evidence, there is serious deficiency in service on the part of opposite party which caused monitory loss and mental agony, hardships to the complainants. The opposite party is bound to compensate the loss and agony undergone by the complainants. Hence complainant is entitled for refund of the amount with compensation and cost.
The relief sought by the complainant is refund of Rs. 40,000/- along with compensation and cost. Here the complainant is entitled for refund of the paid advance amount of Rs. 40,000/-. Considering the facts of this case and the hardships and mental agony undergone by the complainants, we are of the view that an amount of Rs. 20,000/- is a reasonable compensation in this case along with litigation cost of Rs. 5,000/-.
In the result, complaint is allowed, directing opposite party to refund Rs. 40,000/- (Rupees Forty thousand only) with interest at the rate of 9% from 14/02/2024 (from the date of complaint till disbursement) along with a compensation of Rs. 20,000/- (Rupees Twenty thousand only) and cost of Rs. 5,000/- (Rupees five thousand only) to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Copy of the notice
A2 – Train ticket
A3 – Proof of complaint given to DLSA
A4 – Payment details of Rs. 40,000/-
A5 – Admission letter
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
