BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.466/2015

DATED ON THIS THE 10^th February 2017

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint filed for a direction to opposite parties to refund admission fee of Rs.60,000/-, Rs.50,000/-  as compensation and other expenses.
2.     The brief facts alleged in the complaint are that the complainant with an intention to get his son Jeevan to study in opposite parties esteemed institution at Mysuru, approached the opposite parties institution and applied for admission to 1^st PUC (BAEC) and his son was admitted to the 1^st PUC as science student and the complainant has paid the admission fee of Rs.60,000/- on 16.06.2017.  Thereafter, the complainant and his son went to Bangalore, where his son suffered severe viral infection and he did not show any sign for recovery and he was not able to attended even a day classes in opposite parties institution.  Thereby, complainant decided to cancel the admission and approached the opposite parties for refund of admission fee.
3.     Initially, opposite party has assured to refund the admission fee, but failed to do so.  Thereafter, a legal notice issued.  Then opposite parties agreed to settle the matter in 2 months.  But, failed to do so.  Thereby, there is deficiency in service on the part of opposite party.  Hence, sought for the reliefs.
4.     In spite of service of notice, both opposite parties absence placed exparte.  Then this matter is set down for evidence.  During evidence, on behalf of complainant, the complainant has submitted his affidavit evidence and also produced the documents.   After hearing arguments, this matter is posted for orders.
5.     The points arose for our consideration are:-

1. Whether the complainant establishes that there is deficiency in service in not refunding the admission fee paid in respect of his son, thereby the complainant is entitled for the relief claimed?
2.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- During evidence, the complainant has submitted his affidavit evidence and also produced documents to show that he has paid the fee to the opposite parties and got the acknowledgement and receipts, even letter notice issued by the complainant on 27.11.2014 and another letter dated 16.12.2014 are produced.  Even the legal notice dated 28.01.2015 also produced.  In spite of service of all these correspondence, opposite parties did not settle the claim.  Thereby, complainant has sought for an order in his favour.
8.    It is not in dispute that the opposite party is running educational institution.  It is also not in dispute that the complainant has admitted his son Jeevan to 1^st PUC science and produced two receipts for having paid Rs.60,000/-.  The letter addressed to the opposite party and the copy of legal notice.  Since, complainant’s son has not attended the classes due to ill-ness.  It is beyond the control of the complainant.  Thereby, the opposite party which has collected the fee for the purpose of extending service to the complainant’s son and failed to refund the same in the absence of service.  Thereby, there is deficiency in service on the part of opposite parties in not refunding the amount.  Thereby, the opposite parties are jointly and severally liable to refund the fee paid by the complainant, compensation with litigation expenses.  Hence, Point No.1 is answered partly in the affirmative.
9. Point No.2:- In view of the findings recorded on point No.1, opposite parties are jointly and severally liable to refund the fee amount of Rs.60,000/- with interest and also compensation of Rs.10,000/- with litigation expenses of Rs.2,000/-.  Hence, we pass the following order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite parties are jointly and severally directed to refund the fee amount of Rs.60,000/- to the complainant with interest at 18% p.a. from the date of deposit i.e. 16.06.2014 till payment.
3.  The opposite parties are jointly and severally directed to pay compensation of Rs.10,000/- with litigation expenses of Rs.2,000/- to the complainant within 30 days from the date of this order.  Failing which, the said sum of Rs.12,000/- shall carry interest at 12% p.a. from the date of this complaint i.e. 26.06.2015 till payment.
4. In case of default to comply this order, the opposite parties undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 10^th February 2017)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER