CONSUMER DISPUTES REDRESSAL FORUM,PALAKKAD

Dated this the 25^th January, 2016

PRESENT :  SMT. SHINY.P.R, PRESIDENT

               :  SMT. SUMA. K.P, MEMBER                      Date  of filing : 19/03/2014

CC /43/2014

1. N.Suresh Babu,

    Ashok Nivas, Cutcherry Ward,

    Kollam – 691 013                                                          :        Complainants

2. Surabhi.S.Pai,                         

    Ashok Nivas, Cutcherry Ward,

    Kollam – 691 013        

    (By Adv.T.Santhosh & Adv.Renu.G.Pillai)

             Vs

The Principal,

Sneha College of Architecture,                                   :        Opposite party

Attayampathi, Govindapuram P.O,

Palakkad – 678 507   

(By Adv.Bindu.P)

O R D E R

By Smt. Suma. K.P, Member,

The complaint is filed for refund of the amount paid to the opposite party’s institution by the 1^st complainant for getting an admission for the 2^nd complainant in their college.  The 1^st complainant is the father of the 2^nd complainant.  The opposite party is a college represented by the Principal. The 1^st complainant had approached the opposite party for getting an admission to the 2^nd complainant in their institution for B.Arch.  The opposite party informed the complainant that he has to book the seat after paying Rs.10,000/- as an advance payment towards the confirmation of the seat and had also informed that the same will be repaid without any interest if the admission is not required.  Believing the opposite party, the 1^st complainant paid Rs.10,000/- by way of demand draft drawn from the South Indian Bank, Mundakkal Branch. Thereafter the complainant enquired about other colleges and facilities for the said course and obtained admission in the “Salem School of Architecture” which provides better education facilities without any donation.  Thereafter the 1^st complainant had informed the opposite party regarding the same and requested for the refund of advance amount paid by him.  The opposite party informed him that the admission has not at closed and the money cannot be repaid without closing the admission.  The 1^st complainant approached the opposite party several times, after closing the admission procedure in all the colleges for the refund of the amount but the opposite party  denied the request and had informed that their institution being run by a private management and not by the government authorities and the amount once paid cannot be refunded.  Being aggrieved the complainants had approached before this Forum seeking an order for the refund of Rs.10,000/- (Rupees Ten thousand only) along with compensation of Rs.5,000/- (Rupees Five thousand only) for the mental agony suffered.

The notice was served to the opposite party for appearance.  Opposite party entered appearance through counsel and filed version contending the following.  The opposite party institution is run by a private management and not by the government authorities. Out of the  available seats  only 50% seats are allotted as government seats and the rest 50% are management seats.  The above said course is only having 40 seats out of which 20 seats are allotted on management quota.  The complainant had reserved for one of the management seats but did not contacted the institution until the admission was closed.  Several letters and reminders were send to the complainant over phone to contact the institution and obtained admission within the stipulated period.  Opposite party had to close the admission according to the government norms.  The complainant does not comply the directions given by the opposite party institutions. Hence the opposite party had to suffer waiting for the complainant.  Since the complainant had not given any instruction to the opposite party they had to wait without giving admission in the reserved seats.  The reserved seat remained vacant even now and the opposite party had sustained a loss to the tune of Rs.7,40,000/- without admitting any other student to the reserved seat.  The complainant was informed about the admission procedures at the first instance.  The opposite party is not liable to refund advance payment to the complainant at any cost.  The complainant had to compensate the opposite party for the loss suffered by them.  There is no bonafides in the above complaint and hence it has to be dismissed.

Both parties filed their respective chief affidavits. Complainant was cross examined as PW1.  Ext.A1-A3 was marked from the part of the complainant. Complainant filed application for cross examination of opposite party, but opposite party was not present for cross examination. Opposite party filed application to examine the supervisor on behalf of himself.  Application was dismissed. Ext.B1 was marked from the part of opposite party. Evidence was closed and matter was heard. 

Heard both parties.

The following issues are to be considered.

1. Whether there is any deficiency of service on the part of the opposite party?
2. Reliefs and cost? 

 ISSUE No. 1

We had verified the documents produced before the Forum.  Opposite party had admitted the fact that one seat has been booked for the 2^nd complainant.  It is revealed from Ext.A1 and A2 that the opposite party has received the amount as contented by the complainant.  There is no contradictory evidence produced from the part of the opposite party to deny the facts and contentions of the complainant.  The complainant had admitted that she had not joined the opposite party institution for the said post.  Hence it is clear that complainant has not availed any service from the part of the opposite party.  Hence the amount collected towards advance booking had to be repaid.  The opposite party had no right to retain the consideration for a service which was not provided. 

In view of the aforesaid discussions we are of the view  that opposite party had committed deficiency of service without repaying the advance amount collected.  Hence we direct the opposite party to pay the amount of Rs.10,000/- being the amount paid by the 1^st complainant towards the advance booking along with Rs.2000/- as compensation for the loss and damage suffered by the complainants.  The aforesaid amount shall be paid within one month from the date of receipt of this order failing which complainant is entitled to realize 9% interest for the advance amount from the date of order till realization.

Pronounced in the open court on this the 25^th  day of January, 2016.

                                                                   Sd/-

                                                                   Smt. Shiny.P.R

                                                                     President

                                                                         Sd/-                                                                                                        Smt. Suma. K.P

                                                                       Member

A P P E N D I X

Exhibits marked on the side of complainants

Ext.A1- Counter foil of South Indian Bank, Kollam Rs.10,053/- Dtd.15/05/2014

Ext.A2- Photo copy of Demand Draft N.44912, Rs.10,000/-

Ext.A3 – Information about colleges including the OP’s College  download internet

Exhibits marked on the side of opposite party

Ext.B1- Admission Register 2013-14 (Photocopy)

Witness marked on the side of complainant

PW1- Suresh Babu.N        

Witness examined on the side of opposite parties

Nil

Cost Allowed

No cost allowed.