BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SRI M.V.R. SHARMA, MEMBER.
Friday, 7th November 2014
CONSUMER COMPLAINT No. 16/ 2014
Singamsetty Venkatesh, S/o Venkata Subbaiah,
aged 16 years, Minor, Rep. by his natural guardian
father Venkata Subbaiah, Residing at
Akkulapalli Village, Mydukur Mandal,
Kadapa District. ….. Complainant.
Vs.
The Principal / Chief Executive Officer,
Sri Chaitanya Educational Institution,
Vyjayanthi Bhavan, Pornki, Penamaluru Mandal,
Vyjayanthi Bhavan, Poranki, Penamaluru Mandal,
Krishna District, Vijayawada - 521137. ….. Respondent.
This complaint coming on this day for final hearing on 29-10-2014 in the presence of Sri G.M.B. Murali Krishna, Advocate for complainant and Respondent called absent and set exparte on 02-7-2014 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 (for short herein after called as C.P. Act) praying this forum to pass orders directing the respondent to pay Rs. 24,900/- being amount due administration fee paid by the complainant with interest at 18% p.a. from 11-7-2013 till realization, to pay Rs. 50,000/- towards mental agony and costs.
2. The averments of the complaint in brevity are that on 11-7-2013 the complainant joined in medicine long term coaching at respondent educational institution by paying an amount of Rs. 52,050/- towards administration fee per year. There are no sufficient facilities in college, no quality of food, air-condition facility and accommodation are not provided as per agreement. There was heavy crowed of students even at 4.00 a.m to enter into bathroom and the complainant had to wait for nearly 1 ½ hour for using bathroom and by the time the complainant fulfill basic necessities in the morning the classes were commenced in the absence of complainant for which he was deprived of valuable classes along with some others. The complainant questioned about insufficient facilities. But the respondent gave evasive replies, whenever complainant requested for better food and shelter respondent neglected and failed to provide the same. In the above circumstances the complainant dropped to continue his education in respondent college on 30-7-2013 and returned to his house. The complainant stayed only 19 days in respondent institution and requested for return of fee but respondent made payment of Rs. 24,150/- on 30-10-2013 through cheque and assured to pay the balance of Rs. 24,900/- in 10 days but failed to do so. The complainant gave legal notice on 17-12-2013 demanding payment of Rs. 24,900/- the respondent received the same but failed to give reply nor to pay amount. Hence, complaint for the above reliefs.
3. Respondent received notice engaged counsel but failed to file counter inspite of given ample time. Hence, respondent was set exparte.
4. On the basis of the above pleadings the following points are settled for determination.
i. Whether there is any negligence and deficiency of service on the part of the respondent?
ii. Whether the complainant is entitled for the relief’s as prayed for?
iii. To what relief?
5. On behalf complainant himself examined as PW1 and Exhibits A1 to A9 documents are marked by consent.
6. Heard the complaint and perused the record.
7. Point Nos. 1 & 2. The complainant as PW1 has reiterated the averments of the complaint in his affidavit filed in evidence as PW1. A perusal of the affidavit of PW1 clearly and categorically goes to show he joined in the respondent educational institutions on 11-7-2013 by paying Rs. 52,050/- towards admission fee per year towards long term coaching and stayed for 19 days. But there were no facilities of quality and quantity of food, bathroom facilities, air-conditioner facilities as per agreement. So he could not attended classes in time. Inspite of bringing the problems to the notice of the respondent that they have not attended the grievances. So the complainant discontinued his education in the respondent institution from 30-7-2013 and demanded for return of his admission fee. But the respondent paid only Rs. 24,150/- on 3-10-2013 by way of cheque and failed to pay the balance amount of Rs. 24,900/-inspite of legal notice under Ex. A8 dt. 17-12-2013. His evidence has been supported by documents Exhibits A1 to A7 filed by him. The respondent received notice Ex. A8 under acknowledgement Ex. A9. But he did not choose to give any reply nor paid balance amount demanded by complainant. The evidence of complainant remained unchallenged. Therefore, it is proved by complainant that there is deficiency of service and negligence to provide facilities to the complainant, though he collected fee of Rs. 52,050/- from complainant. Hence, we held that there is deficiency of service and negligence by respondent on the part of the respondent. As regards to return of amount the complainant claimed total balance of Rs. 24,900/- ignoring that he stayed 19 days in the institution of respondent and had food and accommodation there. Therefore, the complainant is entitled for only an amount of Rs. 17,900/- towards balance of amount paid by him after deducting Rs. 10,000/- (Rupees ten thousand only) by respondent for the stay of complainant in the institution. Accordingly, the points 1 & 2 are answered.
8. Point No. 3. In the result. The complaint is allowed, directing the respondent to pay Rs. 17,900/- (Rupees Seventeen Thousand nine hundred Only) to the complainant along with interest @ 9% p.a. from the date of complaint till the date of realization, payable within 45 days from the date of receipt of this order. The rest of the claim is dismissed. No costs.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 7th November 2014
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant
PW1 Singamsetty Venkatesu, dt. 13-10-2014.
For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 P/c of counter file of SBI, Tirupati branch on amount of Rs. 45,000/- in favour of Kalyan Chakravathy Memorial Educational Trust (i.e. respondent institution) Vijayawada.
Ex. A2 P/c counterfoil of state Bank of India, Rajampet Branch an amount of Rs. 10,500/-
Ex. A3 P/c of receipt issued by the Sri Chaitanya Educational Institution to the complainant for amount of Rs. 1,800/-.
Ex. A4 P/c of receipt issued by the Sri Chaitanya Education Institution to the complainant for amount of Rs. 5,000/-
Ex. A5 P/c of receipt issued by the Sri Chaitanya Education Indentation to the complainant for an amount of Rs. 250/-
Ex. A6 P/c of receipt issued by the Sri Chaitanya Education Institution to the complainant for amount of Rs. 45,000/-
Ex. A7 P/c of cheque issued by Sri Kalayana Chakravathi Memorial Educational Trust for an amount of Rs. 24,150/-.
Ex. A8 Office copy of legal notice dt. 17-12-2013.
Ex. A9 acknowledgement card.
Exhibits marked for Respondent: - NIL
MEMBER PRESIDENT
Copy to :-
1) Sri G.M.B. Murali Krishna, Advocate for complainant.
2) The Principal / Chief Executive Officer,
Sri Chaitanya Educational Institution,
Vyjayanthi Bhavan, Pornki, Penamaluru Mandal,
Vyjayanthi Bhavan, Poranki, Penamaluru Mandal,
Krishna District, Vijayawada - 521137
B.V.P.
