BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE URBAN

    31^st DAY OF JANUARY 2022

ORDER

SRI.K.S.BILAGI, PRESIDENT

1. The complainant seeks the following reliefs by invoking Section 35 of C.P.Act, 2019:-

(i) Return my fee sum of Rs.31,110/-.

(ii) To pay appropriate interest on the paid amount from the date of payment.

(iii) To pay damages a sum of Rs.50,000/- for mental agony, physical pain and damaging my daughter’s career.

(iv) All legal expenses incurred.

2. The case set up by the complainant in brief is as under:-

The complainant has paid Rs.31,110 on 14.03.2021 to the OP as subscription towards CBSC 9^th and 10^th for the purpose of his daughter. But, the OP failed to commence the course. Even though, the complainant raised E-mail dated 28.03.2021 but, OP neither started the course nor refunded the amount.  This act of the OP amounts to deficiency of service.

3. The notice sent to the OP returned with a remark Left.  But on 18.09.2021 this Commission has treated return of notice with remark Left as service and OP was placed exparte.

4. The complainant has filed his affidavit evidence with six documents.  Heard the arguments of advocate for the complainant..  

5. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

6. Our answers to the above points are as under:

       Point No.1:  In the Affirmative.

      Point No.2: Affirmative in part.

      Point No.3: As per final orders

REASONS

7. Point Nos.1 and 2:  These two points co-related to each other.  It is proved from allegations made in the complaint, affidavit evidence of complainant and the tax invoice dated 14.03.2021 issued by the OP that the complainant made payment of Rs.31,110/- for the academic year 2021-22.  It has been proved that the OP neither commenced the course nor refunded the amount.  This act of the OP amounts to deficiency of service.  Therefore, complainant is entitled to refund of Rs.31,110/-.
8. The complainant claims compensation of Rs.50,000/-, interest and legal expenses.  Whereas, the affidavit evidence of the complainant is silent with regard to the compensation. Under such circumstances, the complainant is entitled to interest at 8% p.a. on Rs.31,110/-in lieu of compensation from 14.03.2021 till realization.  The complainant is not paid any fee as payment was less then Rs.5,00,000/-.  Therefore, cost of litigation is quantified at Rs.1,000/-.  When we are awarding interest at 8% p.a. from the date of payment till realization, it is not a fit case to award compensation in addition to interest.
9. Point No.3:- Having regard to the discussion made in the preceding paragraph on Point Nos.1 and 2 complaint requires to be allowed in part.  The OP is liable to refund Rs.31,110/- with interest at 8% p.a. from 14.03.2021 till realization and liable to pay cost of Rs.1,000/-.   Hence, we proceed to pass the following  

  O R D E R

1. The complaint is allowed in part.
2. The OP shall refund Rs.31,110/- with interest at 8% from 14.03.2021 till realization and pay Rs.1,000/- towards litigation cost to the complainant.
3. The OP shall comply this order within 60 days from this date.
4. Furnish the copy of this order and return the documents to the complainant with extra pleadings.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 31^st day of January, 2022)

Documents produced by the Complainant as follows:-