BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 250/2011 Filed on 04.08.2011

Dated : 31.12.2011

Complainant :

P. Tom Joys, 102, Gandhi Nagar, Vazhuthacaud, Thiruvananthapuram-14.

(Party in person)

Opposite party :

R. Anoop Kumar, Rank Centre for C.A, Sasthamangalam, Thiruvananthapuram-10.

This O.P having been heard on 02.12.2011, the Forum on 31.12.2011 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

Complainant's grand daughter Mili Boby is an IPCC student. The opposite party in this case is conducting a tuition centre for IPCC students. On seeing an advertisement of the opposite party, complainant and his grand daughter approached the opposite party and then the opposite party stated that new batch class will be started on 16.05.2011 and tuition fee is Rs. 3,500/- for each subject and the complainant paid Rs. 5,000/- as tuition fee as per cheque No. 825557 of SBI, Kakkanad Branch. The complainant's grand daughter, Mili, attended the class from the next day itself. Then only she understood that actually the class was started from 2011 February onwards. All the students in that batch was attending the class from February onwards and it was informed that most of the portions were covered at that time. Then she knew that there is no use of that tuition in that belated stage. She had attended only three classes. The complainant alleged that the opposite party misleading and convincing them that the class started only on 16.05.2011. In that circumstance the complainant demanded refund of the tuition fee which has been paid by him. The demand notice issued by the complainant was rejected by the opposite party. Hence this complaint.

Opposite party in this case refused to accept the notice issued from this Forum and hence opposite party remained ex-parte. The complainant has filed chief affidavit and he has produced 4 documents.

Points to be ascertained :

1. Whether there is deficiency in service and unfair trade practice occurred from the side of opposite party?

2. Reliefs and costs.

Points (i) & (ii):- The complainant in this case paid an amount of Rs. 5,000/- as tuition fee for his grand daughter Mili Boby who is an IPCC student of the opposite party. The opposite party made the complainant believe that new batch of IPCC class will start on 16.05.2011. But the class started from February 2011 onwards. Almost all portions of the subjects were already covered at that time. In that belated stage, there is no use for attending the class. The complainant's grand daughter has attended only 3 classes. Then they decided to discontinue the tuition and demanded the repayment of the tuition fee which has been paid by them. But the opposite party was not ready to refund the tuition fee. The complainant has produced the statement of account of SBI showing that tuition fee has been paid by them as per cheque No. 825557. That document is marked as Ext. P1. Ext. P2 series are the advertisement of opposite party. In that advertisement opposite party published that “New Batches for IPCC November 2011”. But the opposite party started the class from February onwards. Ext. P3 is the copy of notice issued by the complainant to the opposite party. Ext. P4 is the returned acknowledgement card. In this case opposite party has misrepresented the complainant that the class will start only in November 2011. But the class started from February onwards. In that stage, that class has no use for the complainant's grand daughter. This has definitely happened due to the misrepresentation, unfair trade practice and deficiency in service of the opposite party. Hence the opposite party is liable to refund the amount to the complainant. Due to the act of the opposite party the complainant has sustained mental agony and other losses. Hence the opposite party is liable to pay compensation also. Hence the complaint is allowed.

In the result, the opposite party is directed to refund Rs. 5,000/- to the complainant along with Rs. 1,000/- as compensation and Rs. 1,000/- as costs. Time for compliance one month from the date of receipt of the order. Otherwise 12% annual interest shall be paid to the above said amount till the date of realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31^st day of December 2011.

Sd/- BEENAKUMARI. A : MEMBER

Sd/-

G. SIVAPRASAD : PRESIDENT

Sd/-

S.K. SREELA : MEMBER

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C.C. No. 250/2011

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of statement of account of SBI dated 17.05.2010

P2 - Advertisement of opposite party.

P3 - Copy of notice issued by complainant to opposite party.

P4 - Acknowledgement card

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

Sd/-

PRESIDENT

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