This C.C. is coming on before us for hearing in the presence of Sri. Mandadapu Srinivasa Rao, Advocate for complainant; and Notice to opposite party served, called absent; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-

O R D E R

(Per Sri R. Kiran Kumar, FAC President)

          This complaint is filed u/s.12-A of Consumer Protection Act, 1986. 

2.         The averments made in the complaint are that the complainant is an agriculturist and resident of Khammam.  The complainant submitted that the Agent of opposite party by name Sri P. Krupakar Reddy made a phone call through his phone No.8498817040 to the complainant phone and approached the complainant at his house, on his advice the complainant paid Rs.10,000/- to the agent of the opposite party.  The complainant submitted that he joined his daughter by name Jaladi Amulya in the college of opposite party branch at Narmada – I Campus in M.P.C. group and the fee is fixed for Rs.1,35,000/- and the complainant had paid an amount of Rs.75,000/-  on 16-06-2014 vide receipt No.0000391.  The complainant further submitted that his daughter joined in the opposite party college and stayed for 2 months, during the said period his daughter suffering with indigestion and her health was spoiled as the college authorities are not providing delicious and hygienic food, due to which the daughter of the complainant’s health is disturbed and not in a stable condition, for which the complainant spent huge amount.  The complainant further submitted that as the opposite parties failed to provide delicious and hygienic food, his daughter suffered ill health for which the complainant joined his daughter in Khammam college.  The complainant further submitted that he requested the opposite party to return the amount paid by him, after deducting the necessary charges for two months stay in the college of opposite party, but the opposite parties postponing the payment on one pretext or the other, for which the complainant issued legal notice on 20-11-2014 and the same was acknowledged by the opposite party, but the opposite party failed to give reply and not paid the amount, as such the complainant filed this complaint.      

3.         On behalf of the complainant, the following documents were filed and marked as Exhibits A1 to A4.

Ex.A1:-Cash Receipts issued by the opposite party for Rs.75,000/-(Nos. 4).               

Ex.A2:-Office copy of the legal notice dt.20-11-2014.

Ex.A3:-Postal Receipt and acknowledgement.

Ex.A4:-Medical Prescriptions (Nos. 3) of Vikram Hospital, Madapur, Hyderabad and City Nursing Home, Khammam along with Pharmacy Bills (Nos.4).

4.         On receipt of the notice, the opposite party called absent.

5.       Counsel for complainant filed written arguments.

6.       Upon perusing the material available on record, now the points that arose for consideration is,

1. Whether the complainant is entitled to refund the amount?

2. To what relief?

Point No.1:-

The case of the complainant is that his daughter joined First Year Intermediate with M.P.C. Group and paid Rs.75,000/- towards fee to the opposite party.  According to the complainant his daughter joined in the opposite party college and stayed for 2 months, during the said period his daughter suffered with indigestion and her health was spoiled as the college authorities are not providing delicious and hygienic food, due to which the daughter of the complainant’s health is disturbed and not in a stable condition, for which the complainant spent huge amount.   According to the complainant, the opposite party failed to provide delicious and hygienic food and other amenities as assured, the complainant was forced to cancel the admission and joined his daughter in Khammam college.  After that the complainant approached the opposite party and requested for return the amount after deducting the 2 months stay amount, as the opposite party failed to refund the fee, the complainant approached the Forum for redressal.

From the documents and material available on record, we observed that the complainant’s daughter attended the classes for two months and during the said period his daughter suffered with indigestion and her health was spoiled, as the college authorities failed to provide delicious and hygienic food, due to which the daughter of the complainant’s health was disturbed and not in a stable condition, for which the complainant spent huge amount.   We observed that, as per Ex.A4, the complainant’s daughter approached the vikram hospital on 29-06-2014 and 11-08-2014 and 15-08-2014 with a complaint of abdominal pain and had taken treatment.  And also we observed that the complainant filed the present complaint for refund of fee after deducting two months stay amount.   For that the complainant approached the opposite parties several times for the balance amount and also issued legal notice which is marked as exhibit A2.   In Fitzee Ltd Vs Dr. Minathi Rath, I (2012) CPJ 194 (NC), the Hon’ble National Commission observed that “respondent’s daughter had attended the classes for one year and having been not satisfied with quality of the training being imparted particularly lack of personalized attention and the schedule of the course being completed in a hurry manner, she was entitled for the refund of the fee for the remaining period on the premises that respondent had at least availed the services for one year”.    From the record observed that the complainant paid the amount of Rs.75,000/-  on 06-03-2014, 17-05-2014 and 04-06-2014, already 2 years lapsed, but the opposite party failed to return the amount after deducting 2 months stay. From the above, we are of the opinion that, as the opposite party failed to pay the amount within reasonable time, for that the complainant and his daughter suffered untold mental agony, for which the complainant is entitled for the total amount of Rs.75,000/- as such this point is answered accordingly in favour of the complainant.

Point No.2:-

            In the result, the complaint is allowed in part, directing the opposite party to refund the fee of Rs.75,000/- within one month from the date of this order, failing which, the amount shall carry interest @9% per annum from the date of this order till actual payment.

          Typed to dictation, corrected and pronounced by us, in the open forum on this the 12^th day of April, 2016.  

        FAC PRESIDENT                       MEMBER

   DISTRICT CONSUEMR FORUM, KHAMMAM

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                     For Opposite party:-   

       -None-                                                                           -None-

DOCUMENTS MARKED:-

For Complainant:-                                                     For Opposite party:-   

FAC President               Member

District Consumer Forum, Khammam.