DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 4^th  day of October   2021

Present   : Sri.Vinay Menon.V  President

                 : Smt.Vidya.A, Member                                                                          Date of Filing: 20/03/2020

CC/47/2020

R.Unnikrishnan

Kamaladhalam

Venoli Road, Kallapully,

Palakkad – 678 005                                                                          -                       Complainant

 (By Party in person)

                                                                                                Vs

1.The Administrative Officer

JCT Polytechnic College

Palakkad Admission Centre

Opp.Soorya Corner, 1^st Floor,

Opp.Big Bazar, English Church Road,

Palakkad – 678 014

2.S.A.Subramanian

Chairman,

JCT Polytechnic College

Pichanur (Post) Coimbatore – 641 105

Tamilnadu                                                                       -                       Opposite parties   

O R D E R 

By  Smt.Vidya.A,  Member    

Brief facts of the complaint

1. The complainant remitted a total amount of Rs.5,500/- (Rs.5,000/- towards tuition fee and Rs.500/- towards application fee) for his son’s admission in the opposite party’s institution for Diploma Course of EEE   on 19/4/2019. But due to some unavoidable reasons, he could not join the course. After few months, the complainant’s son approached the 1^st opposite party’s office and submitted an application for getting refund of the amount. He was informed from the office that the application would be processed and the amount would be refunded at the earliest. After that he approached the opposite party’s office many times to enquire about this and the office authorities informed that the refund application is under process and the amount would be refunded soon. But the amount was not refunded till date and it is due to the deficiency in service on the part of the opposite parties. So this complaint is filed for getting refund of Rs.5500/- and a compensation of Rs.10,000/-  from the opposite parties.
2. Complaint admitted and notice issued  to the opposite parties. The process was served to both opposite parties. But they did not appear or file their version. So the opposite parties were set exparte.
3. The complainant filed chief affidavit and Ext.A1 was marked.

Heard the complainant.

4. The main points to be considered as

1) whether there is any deficiency in service on the part of the opposite parties  ?

2) If so, what is the relief as to cost and compensation ?

Points 1 & 2

5. As per the complainant’s contention, he approached the opposite party’s office for   his son’s admission to  Diploma course in   EEE and for that he remitted a fee of Rs.5500/- towards admission and tuition fee.
6. He produced the original receipt issued by the opposite party’s institution dated 19/4/2019 showing the remittance of Rs.5,500/- and is marked as Ext.A1.
7. According to him, because of some unavoidable circumstances,  his son could not join the course. So after few months, his son approached the opposite party’s office and submitted an application for the refund of the amount. He was informed from the office that the application is under process and the amount would be refunded soon.
8. But the amount was not refunded even after repeated requests.
9.  The non refunding of amount constitute deficiency  in service on the part of the opposite parties. As the complainant’s son could not join the course for some reasons, he is entitled to get the refund of the amount paid by him as  fee for the course. The inconvenience caused to the complainant because of the non-refund has to be compensated by the opposite parties. The conduct of the opposite parties    made the complainant to approach the Forum for the redressal of his grievance. Both opposite parties  are jointly and severally liable to compensate the complainant.
10.  Since the opposite parties  remained ex-parte the evidence tendered by the complainant stands unrebutted.

In the result the complaint is allowed. We direct the opposite parties to

1. Refund the amount of Rs.5,500/- to the complainant
2. The opposite parties are  directed to pay Rs.3,000/- as compensation.

The order shall be executed within 45 days from the date of receipt of this order; otherwise complainant is also entitled to get interest @ 9% per annum on the total amount due to them from the date of this order till realization.

    Pronounced in the open court on this the 4^th  day of  October   2021.

                                                                                           Sd/-

                                                                               Vinay Menon V

                                                 President

    Sd/-

  Vidya.A

                    Member      

 Exhibits marked on the side of the complainant

Ext.A1 – Fees Receipt dated 19/4/2019  issued by OP to the complainant

Exhibits marked on the side of the opposite party

Nil

Cost : No cost allowed.