CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 5th day of September 2014
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing: 31/01/2014
: SMT. SHINY.P.R ,MEMBER
: SMT.SUMA K.P, MEMBER
CC/18/2014
Rajeev Menon, S/o. Ramachandran,
Near Kala Nilayam,
Behind L.P.School, Olavakkode,
Palakkad, Kerala. Now residing at : Complainant
Kamalalayam, Janaki Nagar,
Muttikulangara, Palakkad, Kerala.
(By Adv. M.Ranjith)
Vs
Mahatma Jyothi Rao Phoole University,
SP-2-3, Kant Kalwar Road,
RIICO Indistrial area, Tala Mod, : Opposite party
NH-8, Achrol, Jaipur, Rajasthan,
India, Rep by its Registrar
O R D E R
By Smt. Shiny. P. R. Member.
Brief facts of the complaint: - The complainant has appeared for the All India Engineering Entrance Examination conducted in the year of 2011-12 and has scored 7828 rank in the examination. The complainant has applied for the B (Arch) branch architecture. After counselling the same was allotted to the complainant in the opposite party’s institution. The opposite party has made the complainant to believe that the B (Arch) branch architecture course, conducting the opposite party has got very good reputation and profile and also the opposite party affirmed that the course is as equal to that of the course conducted by NIT colleges. Further the opposite party agreed to provide good service to the complainant for the above said course. On believing the words of the opposite party, the complainant has remitted an amount of Rs. 71,000/- by two installments of Rs.35,000/- on 09-08-2011 as demand draft, and Rs.36,000/- deposited on 18-08-2011 to the account of opposite party. Subsequently on enquiry the complainant came to know that the course conducting by the opposite party is not having any reputation and it has no value as compared to same course conducted by the NIT colleges. Also the opposite party has not provided any service as agreed. Hence the complainant has not joined in the opposite party’s institution and asked to return of Rs.71,000/- that he has already remitted. But they did not do so. Non payment of Rs.71,000/- amounts to deficiency in service. The complainant has suffered mental agony, inconvenience and financial loss due to the defective service of the opposite party. So the complainant prays for an amount of Rs.71,000/- along with interest, Rs.50,000/- for compensation for mental agony and cost of the complaint.
Complaint was admitted and notice issued for appearance of opposite party. After receiving the notice, opposite party did not appear before the forum. Hence set exparte.
The evidence adduced by the complainant consists of his chief affidavit and Ext. A1 to Ext. A5 .
The following issues are to be considered.
- Whether there is any deficiency in service from the part of opposite party?
2. If so, what is the relief and cost?
ISSUES 1 & 2
Heard: - We have perused the documents on record. As per Ext.A1 and Ext.A2 complainant paid Rs.71,000/- to opposite party. Ext.A5 is the admission ticket issued from NIT Calicut which shows that the complainant has got admission in NIT Calicut. Complainant paid initial payment of Rs.35,000/- to the opposite party on 09-08-2011. Admission card from NIT Calicut issued on 11-08-2011. So the complainant has intended to withdraw his seat before the closing of admission. The seat against which he was admitted can be filled by a candidate from the waiting list. Opposite party has no right to forfeit the amount which was already paid by the complainant. But the opposite party did not repay the amount collected from the complainant. The complainant is entitled to get refund of fee remitted by the complainant. The act of the opposite party amounts to deficiency in service and caused financial loss and mental agony to the complainant. Therefore the opposite party is liable to repay the sum of Rs.71,000/- and compensation for his mental agony suffered. As the opposite party not adduced any evidence to the contrary, the evidence tendered by the complainant stands unchallenged.
In view of the above discussions, we are of the opinion that there is deficiency in service on the part of opposite party. Hence we allow the complaint partly. Opposite party is liable to pay Rs.71,000/- (Rupees Seventy one thousand only) collected towards admission fee along with 12% interest from the date of filing the complaint and Rs.10,000/- (Rupees Ten thousand only) as compensation along with cost of Rs.1,000/-(Rupees One Thousand only) to the Complainant .
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 5th day of September 2014.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt. Suma. K.P
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Counter foil of Rs.36,000/- dated 18/08/2011 of UCO Bank, Palakkad.
Ext.A2_ Misc. Letter to the complainant from SBI, Puduppariyaram of Rs.35,000/-
dated 14/02/2014.
Ext.A3 – Railway Cancellation Tickets (4 nos.)
Ext.A4_ Admit card for All India Engineering/Architecture Entrance Examination
(AIEEE)-2011
Ext.A5 – Document Verification Slip dt, 11/08/2011.
Exhibits marked on the side of the opposite party
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost allowed
Rs. 1,000/- (Rupees One Thousand only) allowed as cost of the proceeding.
