BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
SRI M.V.R SHARMA, B.A., MEMBER
Wednesday, 12th November 2014
CONSUMER COMPLAINT No. 95/ 2013
R. Siva Mohan, S/o R. Gangulappa,
aged 51 years, Residing at D.No. 45/413-1,
Balajinagar, Kadapa City. ….. Complainant.
Vs.
The Principal, Sri Chaitanya Educational Institution,
Main Campus, Tadigadapa, Vijayawada,
Krishna District. ….. Respondent.
This complaint coming on this day for final hearing on 6-11-2014 in the presence of Sri G. Trivikram Singh, Advocate for complainant and respondent called absent and set exparte on 14-10-2014 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per V.C. Gunnaiah, President),
1. The complainant filed complaint under section 12 of Consumer Protection Act 1986.
2. The averments of the complaint in brevity are that the complainant is working as Head Master. He paid Rs. 5,000/- to the respondent towards advance reservation fee for EAMCET long term coaching of his daughter R. Anila on 11-6-2012 through P.R.O of K. Venkateswara Rao. But the daughter of the complainant got seat in Medicine and joined in RIMS, Kadapa on 27-6-2012. Immediately the complainant informed the same to the P.R.O K. Venkateswara Rao and also the Administrative Officer of the respondent. The complainant also sent a letter dt. 25-8-2012 to the respondent requesting him to refund advance reservation fee of Rs. 5,000/-. The respondent asked the complainant to submit original fee receipt. The complainant again sent a letter on 16-11-2012 along with original fee receipt for Rs. 5,000/- and requested to refund advance reservation fee. Though the respondent promised to refund the advance amount in first week march 2013. But did not do so. The complainant got issued legal notice dt. 17-5-2013 requesting the respondent to refund the advance fee of Rs. 5,000/-. The respondent received the same but not sent reply nor refunded the amount. Hence, the complaint directing the respondent to refund of Rs. 5,000/- to the complainant and to pay an amount of Rs. 2,00,000/- for causing mental agony and costs of Rs. 5,000/-.
3. The respondent received notice from this forum did not appeared and remained exparte.
4. On the basis of the above pleadings the following points are settled for determination.
i. Whether the complainant is entitled for refund of amount from the respondent and the relief for mental agony as prayed for?
ii. To what relief?
5. The complainant examined himself as PW1 and got marked Exhibits A1 to A9. Heard the complainant.
6. Point No. 1. The complainant as PW1 has reiterated the averments of complaint in his affidavit filed as PW1. A perusal of affidavit of complainant as PW1 shows that he paid an amount of Rs. 5,000/- for reservation of seat for EAMCET long term coaching of her daughter in respondent institution on 11-6-2012 and the respondent institution issued Ex. A1 receipt. The original of Ex. A1 receipt sent to the respondent on 16-11-2012 stating that his daughter got Medicine seat in RIMS college, Kadapa on 24-7-2012 and requested refund of Rs. 5,000/- paid by him as she did not join his daughter in respondent institution. As seen from the evidence of PW1 though the respondent institution promised to refund advance reservation fee in the first week of March 2013 but did not refund the same. So the complainant got issued legal notice under Ex. A6 on 17-5-2013. The respondent received the same but neither issued reply nor refunded the amount. Therefore, the complainant filed this complaint seeking refund of amount and also compensation for mental agony.
7. The respondent institution appears to be a reputed one. A duty is caste upon the respondent to keep up his promise to refund the amount as the student not joined in EAMCET coaching though the seat is reserved for joining, since the student got Medicine seat in RIMS Medical College, Kadapa. The complainant immediately brought the same to the notice of respondent institution by submitting original receipt and sought for refund of the amount. But respondent did refund the same. Therefore, the complainant who paid fee for joining in EAMCET coaching of his daughter is entitled for refund of the same form the respondent, though not entitled for compensation mental agony as claimed by the complainant. Accordingly, the point is answered.
8. Point No. 2. In the result, the complaint is allowed, directing the respondent to refund of Rs. 5,000/- (Rupees Five Thousand only) to the complainant and pay Rs. 500/- (Rupees five hundred only) towards costs, within 45 days from the date of receipt of this order, failing which the respondent shall pay interest @ 9% p.a. on Rs. 5,000/- (Rupees Five Thousand only) till realization. The rest of the claim of the complainant is dismissed.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 12th November 2014
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 P/c of advance reservation fee receipt for Rs. 5,000/- issued by the respondent. The original receipt is sent to the respondent on 16-11-2012 at his request.
Ex. A2 P/c of receipt for Rs. 200/- issued by the respondent.
Ex. A3 Original counterfoil dt. 13-6-2012 of SBI, Lakkireddypalli branch.
Ex. A4 Letter dt. 25-8-2012 sent by the complainant.
Ex. A5 Letter dt. 16-12-2012 sent by the complainant.
Ex. A6 Office copy of legal notice dt. 17-5-2013.
Ex. A7 Acknowledgement card.
Ex. A8 Admission card, dt. 28-7-2012.
Ex. A9 Provisional order dt. 24-7-2012.
Exhibits marked for Respondent: – NIL
MEMBER MEMBER PRESIDENT
Copy to :-
1) Sri G. Trivikram Singh, Advocate for complainant.
2) The Principal, Sri Chaitanya Educational Institution,
Main Campus, Tadigadapa, Vijayawada,
Krishna District.
B.V.P.
