Jharkhand

Bokaro

CC/16/27

M.D. Ansar - Complainant(s)

Versus

Kumar Sehwal and Sudha choudhry - Opp.Party(s)

M.D. Ansar

19 Jul 2018

ORDER

The Complainant Md. Ansar filed this complaint for claim of Rs.20, 000/- along with compensation.

2          The case of the complainant is that he got admission of his daughter in the O.Ps. institute at Bokaro and paid Rs.20, 000/- out of Rs.30, 000/-. But her daughter left the study within a month due to bad educational process and on 08-10-2015 he went to ask for return of the money but O.P. director refuse to refund. Thereafter complainant sent a legal notice but there was no reply hence this case for deficiency in service.

3          Complainant filed the following documents in support.

            Anx-1- Copy of the  Receipt dated 18-08-2015.

            Anx-2- Copy of the letter dated 29-10-2015 by the complainant for       

refund.

            Anx-3- Legal notice.

4          O.P. appeared and filed W.S. It is submitted that this case is not maintainable because there is no cause of action since the complainant has already received Rs.5,000/- as a full and final settlement and also quashed the legal notice issued by the complainant. It is also submitted the complainant has not come up with clean hands and consider this facts therefore this case is liable to be dismissed

5          the O.P. has also filed the following documents

            Anx-A- Copy of letter dated 31-10-2015 of the complainant.

            Anx-B- Copy of receipt of payment of Rs.5,000/-

            Anx-C- Copy of letter dated 29-12-2015 by which  the legal notice issued to O.P. is quashed by the complaint himself.

F I N D I N G S

6          Perused the record and we hold that complainant is consumer since he paid part money for service of the O.P. regarding coaching and the dispute is consumer dispute.

7          On perusal of the Annexures Anx-2 and Anx-A it appears that complainant has given reason for non continuing of the study of her daughter due to her illness which is contradictory of the facts mention in complaint petition regarding bad quality of education. Anx-B of the O.P. is sufficient to show that complainant had received Rs.5,000/- out of the deposited amount of Rs.10,000/- only (Anx-1). At this point complainant has failed to submit further receipt of Rs.10,000/-. This shows the complainant has not come up with clean hands and concealed facts of receiving the amount Rs.5000/- as a full and final settlement from the O.P. therefore there is no dispute left to be decided here.

8          In the result we hold that there is no cause of action for this case and it is not maintainable. Accordingly this case is here by dismissed without any cost.