Kerala

Palakkad

CC/76/2018

R. Jayachandran - Complainant(s)

Versus

The Proprietor - Opp.Party(s)

25 Jun 2019

ORDER

CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Near District Panchayath Office, Palakkad - 678 001, Kerala
 
Complaint Case No. CC/76/2018
( Date of Filing : 08 Jun 2018 )
 
1. R. Jayachandran
S/o. Late K Raghavan, Sreenidhi Nivas, Challikkal, Kongade (PO), Pin - 678 631
...........Complainant(s)
Versus
1. The Proprietor
Abhirami Associates, West Yakkara, Palakkad.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Shiny.P.R. PRESIDENT
 HON'BLE MR. V.P.Anantha Narayanan MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 25 Jun 2019
Final Order / Judgement

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

  1. Whether there is any deficiency in service on the part of opposite party?
  2. 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/-                           

 
 
[HON'BLE MRS. Shiny.P.R.]
PRESIDENT
 
 
[HON'BLE MR. V.P.Anantha Narayanan]
MEMBER
 

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