(Delivered by Sri P. Ramesh Babu, President)

          The complaint is filed by the complainant under section 12 of Consumer Protection Act, 1986 for giving direction to the opposite party to return the X Class marks list, study certificate and transfer certificate relating to Roll No:1013117736 belonging to his son K. Mahesh Babu; Rs.10,000/- towards mental agony and for payment of costs.

2.       The material averments of the complaint filed by the complainant so far as the present controversy is concerned, in brief, are as follows:-

          The complainant’s son K. Mahesh Babu was admitted in the opposite party’s school as hosteller for X Class for the academic year 2009-2010 and paid the requisite school fees and hostel charges to a tune of Rs.22,500/- that though the complainant paid away the requisite fees relating to his son, the opposite party did not return        X Class marks list, transfer certificate and study certificate inspite of the exchange of legal notices and that the complainant filed the present complaint for the above reliefs. 

3.       The opposite party filed its written version denying the material averments made by the complainant in his complaint and mainly contended that out of Rs.33,200/- payable towards fees and hostel charges, the complainant paid only Rs.3,160/- and that an amount of Rs.30,040/- is still due by him.  

4.       The complainant filed his chief examination affidavit and marked Exs.A1 to A5 in support of his case before the Forum.  The opposite party filed the proof affidavit of its Principal and marked Exs.B1 to B3 to substantiate its case before the Forum.

5.       The points for consideration are:        

(i)       Whether there is any deficiency in service on the part of the opposite parties ?

(ii)      Whether the complainant is entitled to have the reliefs as sought for ? and 

(iii)     To what relief ?

6.       Point No.1

          On a careful perusal of the respective contentions taken by the parties, it is very clear that the entire controversy centers round at the amount towards fees and hostel charges payable by the complainant for his son K. Mahesh Babu.   When it is the case of the complainant that the total amount payable for studying X Class by his son in opposite party’s school is Rs.22,500/- and that he paid away such amount, the opposite party has come up with such contention that such amount payable is Rs.30,040/-.  The opposite party has also marked two photostat copies of receipts, dated 28.1.2010 and 21.3.2010 for Rs.1,000/- and Rs.2,160/- as Exs.B1 and B2 respectively and it is its case that after excluding the above amount, an amount of Rs.30,040/- is still due from the complainant.

7.       In view of the nature of the controversy, the burden is absolutely upon the complainant only to prove that he paid away the requisite amount to the opposite party.  As far as the above aspect of the case is concerned, receipts or any other documents will clinch the issue to the maximum extent.  But the complainant has not produced and marked any such receipts or documents so as to discharge his above burden.  No doubt, it is the argument of the learned Advocate for complainant that having promised to issue receipts for the payments made by him, ultimately the opposite party did not issue the same.  But in cases like this, it is very easy for the parties like complainant to take the above contention and the Forum has to see whether there is any force in it.  The complainant got it mentioned at paragraph 3 of his complaint that he paid Rs.10,000/- in the month of August, 2009; Rs.5,000/- in the month of October, 2009; Rs.3,000/- in the month of January, 2010 and Rs.5,000/- in the month of March, 2010 making a total amount of Rs.23,000/- and out of the above amount, Rs.500/- was paid towards excursion.  So it is the case of the complainant as per the material averments made at paragraph 3 of his complaint that he paid the requisite amount on four occasions.  But the complainant has not produced and marked any receipts relating to the above payments.  No doubt, it is the contention of the complainant that the opposite party did not issue any receipts for the above amount.  If it is the case of the complainant that he paid away the entire amount of Rs.23,000/- on one occasion and that the opposite party dodged for issuing receipt for the same, perhaps the position would have been otherwise.  But the complainant has not presented his case in such manner.  On the other hand, as per the material averments made at paragraph 3 of the complaint, he made such payments on four occasions.   When such is the position and that too when such payments are in thousands, it is rather ridiculous on the part of the complainant to contend that on all such four occasions, the opposite party did not issue any receipts.   In view of the above discussion, identity card relating to K. Mahesh Babu, office copy of legal notice, postal acknowledgement of opposite party, reply legal notice got issued by opposite party and one study and conduct certificate for the year 2013-14 relating to K. Mahesh Babu marked as Exs.A1 to A5 respectively by themselves will not clinch the issue in any way.  In view of the above discussion, Ex.B3 photostat copy of the receipt, dated 28.1.2009 for Rs.2,500/- issued by opposite party also will not clinch the issue as it does not relate to the period of the present controversy.  So the complainant has miserably failed to discharge his above burden in this case.              

8.       The learned Advocate for complainant while vehemently arguing, has submitted that had there been any truth in the case of the opposite party regarding the         non-payment of the requisite amount, his son would not have been allowed to remain in the hostel for the entire year and he would not have been allowed to write X Class examination.  But the above argument is quiet hypothetical and the same does not by itself would help the case of the complainant particularly in the absence of any other documentary evidence.

9.       This, in view of the foregoing discussion, it must be held that there is no deficiency of service on the part of the opposite party.  Accordingly the point is answered.

10.     Point No.2               

In view of the answering of Point No.1 in the above manner, the complainant is not entitled to have any reliefs in this complaint.   Accordingly the point is answered.

11.     Point No.3

          In view of the answering of Points 1 and 2 in the above manner, the complaint is liable to be dismissed.

          In the result, the complaint is dismissed, but in the circumstances, without costs.

          Typed by N. Ramesh Babu, Junior Stenographer, to my dictation, corrected by me and pronounced by us in the open Forum, this the 26^th day of February, 2015.                          

                                                                                     Sd/-                                                                                                                                                                                                               President

                                                                  Sd/-                                 Sd/-       

                Member                           Member

District Consumer Forum-I,

                     Krishna, Machilipatnam.

Appendix of evidence

Witnesses examined

For the complainant                                                              For the opposite party

P.W.1:          Kosuru Veera Raghavaiah.                  D.W.1  Boppana Venkata Vijaya Bhaskar,                                  

                         (chief affidavit)                                       S/o. Sambasiva Rao,

                                                                                        Principal, Vidyalaya Public School,

                 Rajendra Nagar, Gudivada,

                   Krishna District.

                      (chief affidavit)

                                       Documents marked

On behalf of the complainant

On behalf of the opposite party:

                                        Sd/-                                                                            

                                    President