Kerala

Idukki

CC/135/2021

Biju Agustin - Complainant(s)

Versus

Vidyidhaya educational Foundation charitable trast - Opp.Party(s)

24 Apr 2023

ORDER

 

DATE OF FILING : 22/09/2021

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 24^th day of April 2023

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.135/2021

Between

Complainant                    :  Biju Augustine,

                                            Alackal House, Rajapuram P.O.,

                                             Poomamkandam – 685 604.       

                                                          (By Adv.Shiji Joseph)

                                                           And

Opposite Party                  :   1 .  Vidhyodhaya Educational Foundation &  

                                                    Charitable Trust, Murickassery,

                                                     Represented by its Proprietor

                                              2  .  P.G.P College of Arts & Science,

                                                     NH7, Namakkal- Karur Main Raod,

                                                     Namakkal 637 207,

                                                     Represented by its Principal.

                                                             

O R D E R

SMT.ASAMOL P., MEMBER

 

This complaint is filed under S.35 of Consumer Protection Act, 2019 raising the following allegations against opposite parties.

 

1 . Complainant’s son has passed plus two examination and he wanted to join BCA Course thereafter, seeing the advertisement of 1^st opposite party, complainant approached them for getting a seat for BCA course.  At that time, 1^st opposite party has told that the course conducted by 2^nd opposite party approved and valid by Universities in Kerala.  Believing the assurance of  1^st  opposite  party,  complainant   has   booked   a   seat   for   the course.

(Cont....2)

 

-2-

Thereafter, complainant has transferred Rs.10,000/- into the account number given by 1^st opposite party through NEFT from IDCB , Murickassery.  1^st opposite party also collected the original SSLC book and copies of plus two mark sheet.

2 . After remitting Rs.10,000/-, complainant enquired in detail that the validity of the course.  Then, complainant has known that it is affiliated with Periyar University which is not recognized in Kerala.  So, complainant informed to 1^st opposite party that he is not interested to join the above said course and asked to return the original certificates and the cash which he had transferred through NEFT dated 05/08/2021.

3 . But, 1^st opposite party told the complainant that in order to give back the original SSLC book, he should pay the entire 1^st year fee including hostel fee, otherwise it would not be given back.

4 . 1^st opposite party was well aware that the above said course is not valid in Kerala and he has misled the complainant and obtained the payment of Rs.10,000/- and certificates also.  If 1^st opposite party had revealed that the course offered by 2^nd opposite party is not recognized in Kerala, complainant would not have paid the money and certificates.  The wrong advice given by 1^st opposite party is the reason to remit the fee and give the certificates to 2^nd opposite party.  The denial of return of fee paid and certificates is deficiency in service on the part of opposite parties.  Hence he has prayed the following reliefs.

1.    Opposite parties may be directed to give back the SSLC certificate and Rs.10,000/- which the complainant had paid to them.

(b ) Opposite parties may be directed to pay Rs.2 Lakhs as compensation and Rs.10,000/- as cost of litigation.

(Cont....3)

 

-3-

Notice was served to opposite parties from this Commission.  But, they have not appeared before this Commission.  No written version filed by them also.  Hence they were set exparte.  The case was posted for complainant’s evidence.  Complainant has filed proof affidavit.  Exts.P1 to P5 were marked.  After hearing, this case was taken for orders.  Now, the points which arise for consideration are:-

 (a) Whether there is any deficiency in service on the part of opposite parties?

2. If so, what reliefs the complainant is entitled to?

Points are considered together

We have perused the proof affidavit and documents.  On the perusal of documents, it is seen that complainant’s son was selected for an admission of BCA course for the Academic year 2021-2022 in PGP College of Arts and Science, Namakkal.  This is affiliated with Periyar University, Salem and approved by AICTE, New Delhi.  Complainant alleges that this course is not recognized in Kerala and he came to know about it only after remitting  Rs.10,000/- and giving  original SSLC book and copies of other certificates.  Therefore, he seeks return of the money paid and original SSLC book.  But opposite party did not return it.  We have found that complainant has paid Rs.10,000/- to PGP College of Arts and Science, Namakkal on 05/08/2021 for BCA Course.  This amount was remitted as application fee and tuition fee for the course.  Opposite parties have neither appeared nor filed written version.  No evidence adduced by them.  But this does not prove the allegation of complainant that Periyar University is not recognized in Kerala. 

(Cont....4)

 

-4-

Here, after receiving the payment, 2^nd opposite party has issued selection letter to complainant’s son.  We are of the considered opinion that there is no deficiency in service on the part of 2^nd opposite party with regard to the payment.  Complainant has not produced or caused to be produced  list of affiliated colleges and institutions of Periyar University to show that 2^nd opposite party is not included in it.  Upon searching through net, we notice that college is affiliated to Periyar University and recognized by UGC.  Moreover, it is clearly mentioned in Ext.P5 that this PGP College of Arts and Science, Namakkal is affiliated to Periyar University, Salem and approved by AICTE, New Delhi, reaccredited by NAAC and recognized by UGC.  Therefore, there is no unfair trade practice on their part.   Complainant also alleges that believing assurance of 1^st opposite party, he has booked a seat for BCA course and paid the said amount.  On perusal of Ext.P1, we have not seen that BCA course is offered by them.  Moreover, as per the documents, it is not proved that 1^st opposite party has any connection with this incident.  However, complainant states in his affidavit that 1^st opposite party has collected original SSLC book and copies of plus two marks.  Since, complainant’s son was not joining  this course, original document which they collected is to be returned.  The act of non-returning the original SSLC book to complainant is deficiency in service on the part of opposite parties.

Hence, complaint is allowed in part as hereunder:-

1 . Opposite parties are directed to give back the original SSLC book to complainant.

2 . Opposite parties are also directed to pay Rs.5000/- as compensation and Rs.2000/- as cost of litigation to complainant within 30 days from the date  of  receipt  of  this  order,  failing  which  the amounts  except  cost of

 

(Cont....5)

 

-5-

litigation shall carry 12% per annum from the date of order till its realization.

Extra copies to be taken back by parties without delay.

 Pronounced by this Commission on this the 24^th day of April, 2023.

 

                                                                                        Sd/-

                                                                                SMT.ASAMOL P., MEMBER                                                                                                           

                                                                                                  Sd/-                                                                     

                                                                        SRI.C.SURESHKUMAR, PRESIDENT                                                                                                

                                                                                                  Sd/-                                                                         

                                                                                SRI.AMPADY K.S., MEMBER

 

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1  -  Advertisement sheet  of 1^st opposite party

Ext.P2  -  Receipt an amount of Rs.10,000/- dated 05/08/2021of

                 PGP College of Arts and Science.

Ext.P3  -  Copy of SSLC Book

Ext.P4  - Customer acknowledgement of IDCB, dated 05/08/2021

Ext.P5  - Provisional Admission notice dated 06/08/2021.

On the side of the Opposite Party :

Nil

 

                                                                                               Forwarded by Order  

 

 

                                                                                          ASSISTANT REGISTRAR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Extra copies to be taken back by parties without delay.

 Pronounced by this Commission on this the       day of April, 2023.

 

                                                                                        

                                                                                SMT.ASAMOL P., MEMBER  

                                                                                                           

                                                                                                                                                                          

                                                                        SRI.C.SURESHKUMAR, PRESIDENT

                                                                                               

                                                                                                                                                                                  

                                                                                 SRI.AMPADY K.S., MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1  -  Advertisement sheet of Vidhyodhaya Educational Foundation & 

                                                    Charitable Trust, Murickassery.

Ext.P2  -  Receipt dated 05/08/2021

Ext.P3  -  Copy of SSLC Book

Ext.P4  - Customer Acknowledgement

Ext.P5  - Provisional Admission Notice

On the side of the Opposite Party :

Nil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                               Forwarded by Order  

 

 

                                                                                          ASSISTANT REGISTRAR