KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL NO. 101/2007

JUDGMENT DATED : 27.2.12

PRESENT:

SHRI.S. CHANDRA MOHAN NAIR             :  MEMBER

SMT. A. RADHA                                                 :   MEMBER

Rekha, W/o Bhavadas,

Kolathapillil Mana,

Vadakkakad, Chavakad Taluk.                           :  APPELLANT

(By Adv. P. Radhakrishnan)

Vs

Vanitha Driving Institute,

Kanippayyur, Kannamkulam,

Represented by Managing Partner.                  :  RESPONDENT

(By Adv. A.C. Mohanakrishnan)

JUDGMENT

SHRI. A. RADHA : MEMBER

          Aggrieved by the order passed by the CDRF, Thrissur in
OP No 568/04 the appellant/complainant came up in this appeal.

2.      The complainant joined the respondent driving school where ladies were taught driving. The case of the complainant is that the fees prescribed was Rs.3,500/- and the appellant/complainant paid Rs.2,000/- on admission on 11.11.02. After joining the class the complainant had to discontinue due to health problems and after one year ie on 8.12.03 she rejoined and  remitted Rs.1,500/-. It is the case of the complainant that the opposite party was reluctant to pick her up from her house even after the payment of fees. This act of the respondent amounted to deficiency in service and filed the complaint. She filed the complaint alleging deficiency in service and prayed for Rs.7,000/- as compensation, Rs.2,000/- for mental agony and Rs.2,000/- towards cost.

3.      The opposite party/respondent filed version stating that the complainant joined under the scheme Motor Car (Ladies VIP) for which the fees to be remitted was Rs.4,500/-. The complainant paid only Rs.3,500/- Later the complainant contacted another driving school and obtained the LMV licence.

4.      The Lower Forum after considering the documents filed by the complainant and on appreciation of evidence adduced by the respondent (Ext. R1) dismissed the complaint. Neither oral evidence nor any affidavit filed in support of the case of the complainant on the file of the Lower Forum.

5.      On hearing both the Counsel for the appellant and respondent and on perusal of the documents we are of the view that the complainant has no case that she had paid the entire fees. The complainant approached another driving school and obtained the driving license. It is also to be found that no oral evidence or affidavit was filed by the complainant. The respondent/opposite party relied on (Ext.R1) which states that an amount of Rs.4,500/- is the accepted fees for the VIP ladies as per the fees schedule and the opposite party/respondent was at liberty to collect the amount on the ground that the opposite party pick up the students from their residence.

We find no grounds to interfere with the order passed by the Lower Forum. Hence appeal dismissed. No order as to costs.

Office is directed to send a copy of the order to the Lower Forum along with the records.

A. RADHA   :   MEMBER

S. CHANDRA MOHAN NAIR :  MEMBER

Da.