O R D E R.

By Smt. Beena. M,  Member:-

This is a complaint filed under Section 12 of Consumer Protection Act, 1986.

            2. The complainant’s case in brief is as follows:-   The case of the Complainant is that the 2^nd Opposite Party is the Proprietor of a centre for distance education, Manjeri and the 1^st Opposite Party is acting as an agent of the 2^nd Opposite Party. The 1^st Opposite Party introduced the 2^nd Opposite Party to the Complainant by saying that the courses like B.A. English Course, which is approved by State and Central Government, are being conducted without any service charge. Believing the words of Opposite Parties, the Complainant had joined for B.A English Course on 06-07-2018 by paying Rs.10,000/-( Rupees Ten thousand only) as the first installment of the course fee out of Rs.35,000/- (Rupees Thirty five thousand).  The second Opposite Party told that the name of the Complainant was registered in Kamaraj University and demanded the remaining fees amount on or before 18-08-2018 and offered the study materials required to the course within a few days of admission.  Thereafter, the Complainant paid Rs.25,000/- on 09-8-2018.  However after receiving the entire amount the 2^nd Opposite Party not responded to the phone calls or messages and after repeated demands and requests, the 2^nd Opposite Party blocked the phone call of the Complainant and parents.  When the Complainant contacted the 2^nd Opposite Party through another phone number the 2^nd Opposite Party gave assurance that he will arrange a degree from North East University on payment of some more amounts. Thereafter, the Complainant realized that the 2^nd Opposite Party is doing illegal activities with the agents like first Opposite Party and due to unfair trade practices of Opposite Party the complainant has lost one year and had mental agonies etc,.  Hence, the Complainant filed the above number complaint praying for return  the paid amount of Rs.35,000/- and Rs.50,000/- towards compensation for loss of one year, and Rs.10,000/- for unfair trade practices and Rs.5,000/- towards the cost of the complaint.

3. Since the Opposite Party failed to appear before the Commission even after  due service of the summons from the Commission, both Opposite Party were set ex-parte.

          4.  The Complainant had filed proof affidavit and adduced oral evidence.  He was examined as PW-1 and the documents produced were marked as Ext. A1 and A2.   Ext.A1 and A2 are receipts for payment of fees. Ext.A1 shows the payment of Rs.10,000/- by the Complainant to the Opposite Party towards admission fee for B.A. English course and it was paid on 06/07/2018. Ext. A2 is the bank pay slip, which shows that the Complainant had paid Rs. 25,000/- to Opposite Party No.2.  On the perusal of the above documents,  the genuineness of the complaint of the Complainant is revealed.  The Opposite Parties did not challenge the complaint and  no contra evidence has  adduced by the Opposite Party. The  Complainant proved his case undoubtfully.  The Commission found that there is deficiency of service/unfair trade practice on the part of the Opposite Parties and the Complainant sustained difficulties. Hence the Complainant deserves to get compensation also.   The 2^nd Opposite Party is liable to pay back Rs.35,000/- collected by them  from the Complainant and liable to pay compensation and cost of the proceeding. 

          In the result, the complaint is allowed and

1.  The 2^nd Opposite Party is directed to refund an amount of Rs.35,000/-    

  (Rupees Thirty five thousand only) to the Complainant.

2.  The Opposite Parties are directed to pay Rs. 10,000/- (Rupees Ten   

  Thousand only) jointly and severally to the  Complainant for unfair    

   trade  practice.

©   The 2^nd  Opposite Party is directed to pay Rs. 50,000/- (Rupees Fifty

     Thousand only) as compensation to the Complainant for deficiency in  

     service for  loss of one year of the Complainant.

4.  And to pay Rs. 5000/-(Five Thousand only) towards cost of the  

   proceedings.

The above  amount shall be payable by the Opposite Parties within one month from the date of receipt of the copy of this order. Failing which the above said amount shall carry interest at the rate of 9% per annum till the  date of payment.

          Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the  30^th  day of April 2022.

Date of filing:-01.02.2020.

                                                                   PRESIDENT:   Sd/-

                                                                   MEMBER    :   Sd/-

                                                                   MEMBER    :   Sd/-  

APPENDIX.

Witness for the complainant:

PW1.           Adarsh Benny.                         Complainant.       

Witness for the Opposite Parties:

Nil.   

Exhibits for the complainant:

A1.             Receipt.                          dt:06.07.2018.

A2.             Pay in Slip.                     dt:09.08.2018.     

Exhibits for the Opposite Parties:

Nil.