BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 2^nd day of February 2017

Filed on : 13-04-2016

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC.No.222/2016

Between

N.S. Reji, : Complainant

S/o. Late N. Sidharthan, (Party-in-person)

Flat No. 4A, Presidency Homes

Crown Heights, Opp. Provident

Fund Office, Kaloor,

Ernakulam-682 017.

And

Director, RR Career : Opposite party

Entrance Coaching,

4^th floor, Mercy Estate,

Ravipuram, M.G. Road,

Kochi-16.

O R D E R

Cherian K. Kuriakose, President.

Complainant's case

1. 2. The complainant's son was studying in Std. VIII at Sacred Heart CMI School, Thevara approached the opposite party M/s. RR Carrier centre, Valanjambalam, Ernakulam on 22-06-2015 along with his wife in order to secure proper tuition facility. On Negotiation the annual fees were fixed at 28,000/- which was to be given in 3 instalments. The complainant paid Rs. 1,026/- fee as an advance and Rs. 9,000/- on 26-06-2015. The

coaching class was supposed to be conducted only on Sundays and the son of the complainant started to go for the classes from 28-06-2015. There was no proper facility provided in the class and no study materials were provided by the opposite party. Therefore after attending 4 or 5 classes in the Month of July 2015 the complainant wanted to discontinue the tuition. The complainant refused the 2^nd instalment of the tuition fee but the complainant was not prepared to give the said amount since his son has discontinued the tuition facility provided by the opposite party. The complainant approached the opposite party asking them to pay back the remaining portion of the 1^st instalment of tuition fee paid. However, that request was turned down by the opposite party. The complainant therefore seeks the refund of Rs. 10,000/- paid as the 1^st installment of the tuition fee as the corresponding services was not provided to the complainant.

1. 2. Notice was issued to the opposite party and they did not appear to contest the matter.

   3. The complainant filed a proof affidavit supporting the allegations contained in the complaint and Exbts. A1 to A3 documents were as lo marked.

   4. On going through Exbt. A1 letter dated 17-08-2015 issued by Shri. N.S. Reji, the complainant, to the manager of the opposite party would go to show that the complainant was not at all satisfied with the classes taken by the opposite party. And after attending a few classes the complainant's son discontinued the tuition facility because of its poor quality. Exbt. A2 would go to show that the complainant had to paid Rs. 10,000/- to the opposite party in two instalments viz. on 22-02-2015 and on 26-06-2015. Exbt. A1 letter was received by the opposite party on the very same day as evidenced by Exbt. A3.

   5. Since the opposite party did not turn up to contest the matter we find no reason to disbelieve the contents of the proof affidavit filed by the complainant. Which would go to show that the complainant's son was not provided with quality service by the opposite party, and they refused to pay back the exorbitant amount collected by them by way of tuition fee for a quarter of an year. We find that the complainant has proved deficiency in service on the part of the opposite party and commission of unfair trade practice by the opposite party in withholding the tuition fee without providing real service.

   6. In the result, we find that the complaint is allowable and

i. the opposite party is directed to pay Rs. 9,000/- out of Rs. 10,000/- collected from the complainant as per Exbt. A2 receipts, after deducting Rs. 1,000/- towards the partial service availed by the complainant's son.

ii. The complainant is found entitled to realize the costs of the proceedings which we estimate at Rs. 2,000/-.

Pronounced in the open Forum on this the 2^nd day of February 2017

Sd/-

Cherian K. Kuriakose, President.

Sd/-

Sheen Jose, Member.

Sd/-

Beena Kumari V.K., Member.

Forwarded/By Order,

Senior Superintendent

APPENDIX

Complainants Exhibits

Exbt. A1 : Copy of letter dt. 17-08-2015

A2 : receipts dt. 26-06-2015

A3 : Courier slip

Opposite party's Exhibits: : Nil

Copy of order despatched on :

By Post: By hand: