BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SHRI. P. SUDHIR                                :         PRESIDENT

SMT. SATHI. R                                   :         MEMBER

SMT. LIJU B. NAIR                            :         MEMBER

                                              C.C.No: 185/2015     Filed on 05/05/2015

                                             Dated: 11..08..2016

Complainant:

Soumya Duglas, D/o Duglas, Soumya Bhavan, Vayalilpurayidom, Vadakkumbhagam, Kollam – 691 001.

                    (Party in person)

Opposite parties:

1. The Principal, P.A Aziz College of Engineering & Technology (PAACET) Green Hills, Karakulam, Thiruvananthapuram – 695 564.

2. Taji Devasya, Faithful Admission Guidance for Higher Education, S.N. College Jn., Kollam - 691 001.

                    (By Adv. S. Pazhania Pillai)

This C.C having been heard on 14..07..2016, the Forum on 11..08..2016  delivered the following:

ORDER

SMT. R. SATHI, MEMBER:

          In this case complainant has taken admission in the opposite party College for Engineering and paid Rs. 1,18,755/- to the 1^st opposite party on 20/08/2014. The amount of Rs. 40,000/- was paid towards tuition fee, Rs. 50,000/- for hostel and Rs. 28,755/- as other fees. After paying the above said amount she got admission in Fisheries College. She gave a request to the Principal of the seeking permission to join the said College. But the 1^st opposite party did not refund the money, but granted permission to the complainant to leave the College. Thus she joined the Fisheries College on 15/10/2014. After taking admission in the Fisheries College she made a request to the 1^st opposite party for refund of the fee she paid them as advance. But the 1^st opposite party did not refund the amount and so the complainant approached the 2^nd opposite party agent. On advice of 2^nd opposite party complainant gave a request for refund through 2^nd opposite party on 31/10/2014. But 1^st opposite party did take any action for refunding the said amount. The complainant intimated the opposite party before the said course about her admission to the Fisheries Colleges with a request to refund the fees. But the 1^st opposite party sought time for refund and not refund the amount. Hence the complainant approached this Forum for refund of Rs. 1,18,000/- along with 12% interest along with cost.

          2.  Notice was sent to opposite parties. Opposite parties accepted notice and 2^nd opposite party alone entered appearance and filed version. The 1^st opposite party was set exparte.

          3. The 2^nd opposite party filed version stating that the complainant approached 2^nd opposite party for getting information and guidance for getting admission for Engineering. The 2^nd opposite party gave addresses of 4 Engineering Colleges in Kerala and the complainant approached the 1^st opposite party College for admission and got admission under management quota. This opposite party has nothing to do with the transaction between the 1^st opposite party and the complainant. The 2^nd opposite party never obtained any fee from the complainant or promised her that the fee paid to the 1^st opposite party will be refunded by him. There is no unfair trade practice on this opposite party side. As per the existing rules envisaged for the admission to professional courses, the complainant is at liberty to join any other College where she can secure admission under the state merit by leaving the institution in which she takes admission in the first approach and in the case of such an event the money paid to the first college for admission will be refunded in accordance with the rules and regulations for refund of fees once paid. The complainant also approached the Admission Supervisory Committee & Fee Regulatory Committee For Professional Colleges of Kerala and the Committee ordered an amount of Rs. 1,07,423/- refund within 2 moths from the date of receiving of the order and if not paid the amount shall carry 9% interest from 15/10/2014. The 2^nd opposite party has no connection with the acceptance of fee and complainant is not entitled to get any relief from 2^nd opposite party and absolve him from this complaint.   

          The complainant filed affidavit in lieu of chief examination and documents marked as Exts. P1 to P3. The 2^nd opposite party filed affidavit in lieu of chief and marked Ext. D1.

          4. Issues:

(i) Whether there is any deficiency of service or unfair trade practice on opposite parties’ side as alleged by the complainant?

(ii) Whether the complainant is eligible for any compensation as prayed for?

5. Issues (i) & (ii):  In the instant case complainant has taken admission in the 1^st opposite party College and paid Rs. 1,16,755/- as per Exts. P1 & P2 on 20/08/2014 and 30/07/2014. After this complainant got admission in the Fisheries Colleges under government quota and she joined in the said College on 15/10/2014. After securing admission in Fisheries College, the complainant requested the 1^st opposite party for refund but the 1^st opposite party did not refund the said amount. The father of the complainant approached the Admission Supervisory Committee & Fee Regulatory Committee For Professional Colleges of Kerala and the Committee ordered to refund the amount and it is produced by 2^nd opposite party. It is seen from the said order that an e-mail copy is sent to the 1^st opposite party. Moreover the complainant also approached the 1^st opposite party many times. But they did not refund the amount. The 2^nd opposite party in the version also admits that she is eligible for refund as she got admission in the government quota after joining the 1^st opposite party. Moreover even after accepting notice from this Forum the 1^st opposite party failed to appear before this Forum for contesting the case. On going through the statement and documentary evidence produced by the complainant and 2^nd opposite party the unfair trade practice on the side of 1^st opposite party is clear. Thus the complaint is allowed and 1^st opposite party is directed to refund Rs. 1,16,755/- as per Exts. P1 & P2 along with cost of Rs. 5,000/- within one month from the date of receipt of this order.

In the result complaint is allowed, directing the 1^st opposite party to refund Rs. 1,16,755/- along with Rs. 5,000/- towards costs within one month from the date of receipt of this order, failing which the amount of Rs. 1,16,755/- shall carry interest @ 12% from date of complaint along with costs of Rs. 5,000/- till payment.

 A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 11^th day of August, 2016.                           

 Sd/- R. SATHI                :         MEMBER

  Sd/-P. SUDHIR             :         PRESIDENT

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C.C.No: 185/2015

APPENDIX

  I.  Complainant’s witness                   :         N I L

 II.  Complainant’s documents:

P1      :  Copy of fee receipt dated 20/08/2014 of PA Azeez College of Engg & Technology

P2      :  Copy of admission fee receipt of PA Azeez College of Engg. & Technology dated 30/07/2014

P3      :  Copy of the certificate of PA Azeez College of Engg & Technology dated 31/07/2014.

III. Opposite parties’ witness               :         N I L

 IV. Opposite parties’ documents:

D1      :  Copy of the order of Admission Supervisory Committee dated 08/09/2015.

Sd/-PRESIDENT

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