DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 25th day of JUNE 2019
Present: Smt.Shiny.P.R, President
: Sri.V.P.Anantha Narayanan, Member Date of Filing: 08/06/2018
CC/76/2018
R.Jayachandran, : Complainant
S/o.(Late)K.Raghavan,
Sreenidhi Nivas,
Challikkal,
Kongad(PO), PIN – 678 631.
(By Party in Person only)
Vs
Proprietor, : Opposite parties
Abhirami Associates,
W.Yakkara, Palakkad.
O R D E R
By Smt.Shiny.P.R, President
Brief facts of complaint.
On 20-12-2017 Complainant had taken an entry pass from opposite party for LALITHAM program to be conducted at Govt. Victoriya College, Palakkad on 27-12-2017 for which he had paid Rs.200/-. But that program was cancelled by the co-ordinators. Opposite party did not return the money to the complainant. Several times he requested to return the money. But they did not turn up. Hence the complaint. Complainant prays for an order directing opposite party to pay an amount of Rs.1,000/- as compensation for mental agony and cost of proceedings.
Complaint was admitted and notice was issued to opposite party. Since acknowledgement card or cover not returned, notice deemed to be served. Hence name called, absent set exparte.
Complainant filed chief affidavit. Ext.A1 was marked from the side of complainant.
The following issues are taken into consideration
- Whether there is any deficiency in service on the part of opposite party?
- If so what is the relief?
Issues 1 and 2
We have perused the documents filed before the Forum. Ext.A1 shows that complainant had taken an entry pass for the program LALITHAM. Complainant submitted that the program was cancelled but the opposite party did not refund the money which was collected by them. This act of the opposite party amounts to deficiency in service. As the opposite parties remained exparte, the evidence tendered by the complainant stands unchallenged. In the above circumstances we are of the opinion that opposite party is liable to refund the amount collected from the complainant.
In the result we allow the complaint and direct the opposite party to pay Rs.1,000/-(Rupees One thousand only) as compensation for mental agony and Rs.1,000/-(Rupees One thousand only) as cost of the proceedings to the complainant.
The aforesaid amount shall be paid within one month from the date of receipt of this order; failing which the complainant is entitled to realize 9% interest p.a from the opposite party on the total amount due to him from the date of this order till realization.
Pronounced in the open court on this the 25th day of June 2019.
Sd/- Shiny.P.R
President
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Entry Pass(Silver) of LALITHAM program on 27.02.2017.
Exhibits marked on the side of Opposite parties
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost : Rs.1,000/-