KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                      APPEAL  NO:260/2010

                              JUDGMENT DATED:07..06..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

M/s Sakthan Thampuran College &

Jauram Education centre (P) Ltd.,

EC Road, Near Mission School,                        : APPELLANT

Palakkad. R/by Manager, S.Nagarajan.

(By Adv: M/s K.Gopinathan & Sojanjob)

          Vs.

Vivek.S.Pillai,

R/by his father,

S.Somasundaran Pillai,                                      : RESPONDENT

Tharavath, Piriyari Post,

Palakkad District, Kerala State.

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the opposite party in CC.95/09 in the file of CDRF, Palakkad.  The appellant is under orders to refund a sum of Rs.6000/- to the complainant.  It is the case of the complainant that the opposite party/Educational institution contrary to the advertisement published did not include the retired heads of department or professors as members of the faculty and further the classes were over crowded and the same were run in very much congested space.  The opposite party at first agreed to refund the fee but later retreated.  Complainant has sought for refund of Rs.11236/- with interest at 18% and Rs.10,000/- as cost.

2. The opposite party has denied all the allegations.

3.  The evidence adduced consisted of the proof affidavit of the respective parties and Exts.A1 to A4 and B1 and B2.

4. The opposite party/appellant has sought for an opportunity to produce evidence with respect to the period of attendance of the complainant and other details.

5. In the circumstances the order of the Forum is set aside on condition that the appellant pay a sum of Rs.5000/- to the complainant towards cost or deposit the same before the forum which can be withdrawn by the complainant.  On payment of cost the Forum will permit the parties to adduce further evidence and dispose of the case on merits.  The Forum will issue notice to the complainant.  The matter stands posted before the Forum on 11/8/2010.

The office will forward a copy of this order to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

VL.