Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
15th day of December 2022
CC 683/19 filed on 26/12/19
Complainant: Radhakrishnan.V.R, Valiyaparambil House,
Pazhuvil.P.O, Thrissur- 680 564.
(By Adv.Geo Francis, Thrissur)
Opposite Party: P.C.Thomas, Prof.P.C.Thomas Classes,
TC 6/1417, East Fort, Thrissur- 680 005.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
1) Complainant booked a seat to do repeat entrance coaching class conducted by opposite party for her daughter on 03/08/19 and paid Rs.42,840/- towards tuition fee and Rs.10,000/- refundable caution deposit. It was further agreed that if the candidate get allotment for engineering the amount paid will be refunded. While so on 04/08/19 she got allotment to Kozhikode College Engineering College and the complainant approached the opposite party on 06/08/19 to get back the amount as agreed . On 14/08/19 they paid only Rs.32,000/- and after deducting study material charge, processing charge, tax etc. Since no service was availed the opposite party is not entitled to deduct an amount of 20,840/-. The act o f the opposite party amounts to deficiency in service. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced five documents which are marked as Ext.A1 to Ext.A5. Ext. A1 the repeater’s admission form (3Nos.); Ext.A2 is the details of refund (2Nos.); Ext.A3 is the request for refund of amount deducted; Ext.A4 is the copy of lawyer notice and Ext.A5 is the postal receipt.
4) We have gone through the pleadings and documents produced by the opposite party. Ext. A1 series prove the payment of fees and caution deposit made by the complainant to the opposite party amounting to Rs.52,840/-. Ext.A2 series prove that the opposite party refunded only Rs.32,000/. Ext.A3 to A5 substantiates the case of the complainant. Since there is no contra evidence available before us. We are inclined to allow this complaint.
In the result complaint allowed and herby direct the opposite party to pay Rs.20,480/- (Rupees Twenty thousand four hundred and eighty only) with 12% interest from the date of complaint till realization. The opposite party further directed to pay Rs.10,000/- (Rupees Ten thousand only) as compensation and Rs.3,000/- (Rupees Three thousand only) as cost to the complainant with 9% interest from the date of order. The entire amount shall pay within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 15th day of December 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 the repeater’s admission form (3Nos.).
Ext.A2 is the details of refund (2Nos.).
Ext.A3 is the request for refund of amount deducted.
Ext.A4 is the copy of lawyer notice.
Ext.A5 is the postal receipt.
Id/-
Member
