DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Monday the 29^th day of January 2024

CC.162/2020

Complainant

Gafoor. C,

S/o. Moosa,

Chalakkal (HO),

Rahiman Bazar,

Kolathara. P. O,

Kozhikode - 673655

Opposite Party

Sadique. M,

S/o. Unnikoya,

Akshaya E-Centre, Nallalam,

Nallalam Bazar,

Nallalam. P. O,

Kozhikode - 673027

ORDER

By Smt. PRIYA. S - MEMBER

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

2. The case of the complainant, in brief, is as follows:

On 12/08/2020, the complainant and his daughter went to Akshaya E-Kendra, Nallalam Bazar run by opposite party for the registration and submission of U.G admission online application of the University of Calicut. The opposite party had charged Rs. 500/- in total (Rs. 280/- as application charge and Rs. 220/- as service charge) from the complainant’s daughter. The opposite party was reluctant to issue receipt for Rs. 220/- as service charge. When the complainant’s daughter asked the opposite party that all Akshaya Centres and Janasevana Kendras are demanding Rs. 280/- for application fee and Rs. 100/- for service charge then he started shouting and humiliated her in front of the public. After that, the complainant approached the opposite party and said that Rs. 220/- for service charge is a huge amount and also it is injustice. But the opposite party did not return the extra charged Rs. 120/-. The complainant is an auto rickshaw driver and is the sole bread winner of the family. His family consists of wife and four female children. The complainant is financially struggling. The act of the opposite party is deficiency of service. Hence the complainant seeks to get a refund of Rs. 120/- which has been extracted from the complainant’s daughter and also to get Rs. 1,00,000/- for the mental, physical and monetary hardship, from the opposite party.

3. The opposite party has filed written version.
4. According to the opposite party, the complaint is seen filed in the year of 2020 as per section 12 of the Consumer Protection Act 1986. The said Act is not in force since 9^th August 2019 as the Consumer Protection Act 2019 had come in to force. So the complaint is not maintainable and liable to be dismissed. There was not hiring or availing of any services for consideration and the opposite party had not charged any fee or consideration from the complainant. He is neither a consumer nor a beneficiary for the service provided by the opposite party.
5. On 12/08/2020, the complainant and his daughter came to the Akshaya E-Kendra, Nallalam Bazar run by the opposite party for registration and submission of U.G admission application of the University of Calicut. Since it was covid pandemic time, only 4 people were allowed to enter Akshaya E-Kendra at a time. The complainant had started to shout and tried to forcefully enter into the room. Later, the complainant’s daughter was asked to enter into the room and the registration of U.G Degree application was done by a staff of the opposite party. After completion of the said process, standard service charge of Rs. 100/- along with the university fees of Rs. 280/- was charged and the payment receipt of the same was also issued, and the printouts of the registration form was given. On the same day the complainant had again come to the Akshaya Centre and started to shout at the opposite party that the printouts of the registration application given to his daughter was wrong and claimed that this opposite party has charged extra service charge from his daughter. Immediately this opposite party verified the printouts and came to know that his staff accidently misplaced the complainant’s daughter’s printouts due to the heavy rush on that day and gave him the extra printouts and apologized to the complainant for the mistake committed even if was not deliberate. But the complainant kept shouting in spite of the earnest apology and demanded Rs. 100/- from the opposite party for the same. Due to the continuous shouting of the complainant and since many students were present there for the registration process, the opposite party had given him Rs. 100/- as demanded by him and requested him to stop any further trouble. But the complainant never stopped his shouting and started to use bad words against the opposite party and a lady staff who was working there walked away. This caused huge shock and mental agony to the opposite party, and he contacted the Area Councillor of the complainant’s ward and briefed the said incident to him. Accordingly, the councillor contacted the complainant, and the complainant came to this opposite party’s Akshaya Centre and apologized for the troubles caused by him. Even now this opposite party is not recovered from the mental shock and agony suffered due to the unexpected act of the complainant. Thereafter to the absolute astonishment of this opposite party, this complaint is seen filed before this Commission. The allegation that the opposite party had collected Rs. 500/-ie, Rs. 280/- as registration charge and Rs. 220/- as service charge is baseless. Hence the complaint may be dismissed with costs to opposite party.   
6. The points that arise for determination in this complaint are;

1. Whether the complainant is a consumer or not?
2. Whether there was any deficiency of service or unfair trade practice on the part of the opposite party, as alleged?
3. Reliefs and costs.                 

7. Evidence in this case consists of oral evidence of PW1 and Exts A1 and A2 on the side of the complainant and oral evidence of RW1 Exts B1 to B3 on the side of the opposite party.
8.  Heard.
9. Point No.1: According to Section 2(7) (ii)of the Consumer Protection Act, 2019 consumer means any person who hires or avails of any services for consideration. In this case, the complainant has availed service from the opposite party by paying consideration to the opposite party. Hence the complainant in this case is a consumer.
10. Point No. 2 : In order to substantiate the allegation, the complainant got himself examined as PW1, who has deposed in terms of the averments in the complaint and in support of the claim. Ext A1 is the Degree online registration photo copy. Ext A2 is the Centralized Admission Process (candidate copy).
11. The son of the Manager of Akshaya E-centre, Nallalam was examined as RW1 and he has filed proof affidavit and deposed supporting the contentions in the version. Ext B1 is the copy of receipt given by the Akshaya E-Kendra, Nallalam on 12/08/2020 to the complainant’s daughter, Ext B2 is the service charge report copy of the Akshaya E-Kendra, Nallalam, Ext B3 is the computer IP address copy.
12. The grievance projected in the complaint is that on 12/08/2020, the complainant and his daughter went to Akshaya E-Kendra, Nallalam Bazar run by opposite party for the registration and admission of U.G admission online application of the University of Calicut. The opposite party had charged Rs. 500/- (Rs. 280/- for application charge and Rs. 220/- as service charge) from the complainant’s daughter. The opposite party was reluctant to issue receipt for Rs. 220/- as service charge. When the complainant’s daughter asked the opposite party that all Akshaya Centres and Janasevana Kendras are demanding Rs. 280/- for application fee and Rs. 100/- for service charge then he started shouting and humiliated her in front of the public. After that the complainant approached the opposite party and said that Rs. 220/- for service charge is a huge amount and also it is injustice. But the opposite party did not return the extra charged Rs. 120/-. These facts are clearly mentioned in the complaint and also in the proof affidavit of PW1. Going by the averments in the written version and proof affidavit of RW1, it can be seen that the case of the opposite party is that they have only charged Rs. 100/- from the complainant as service charge and Rs, 280/- as online application charge.
13. It is very clearly deposed by PW1 that the opposite party had charged Rs. 500/- from PW1’s daughter. Moreover the opposite party did not issue any receipt. There is no reason to disbelieve PW1. Even though PW1 was cross examined, nothing has been brought out to disbelieve his version. Moreover to a definite question put to RW1 in the cross examination that Rs. 500/- was collected from PW1’s daughter, the answer of RW1 was that he does not remember clearly. The case of the complainant that an excess amount of Rs. 120/- was collected by the opposite party stands proved through the testimony of PW1.Deficiency of service and unfair trade practice on the part of the opposite party stands proved. The complainant is entitled to get refund of Rs. 120/-, the additional service charge, extracted from him by the opposite party. The act of the opposite party resulted in grave mental agony and hardship to the complainant, for which, he is to be compensated adequately. Considering the facts and circumstances of the case, we are of the view that Rs. 5,000/- will be reasonable compensation.
14. Point No. 3: In view of the findings on the above points, the complaint is disposed of as follows;

1. CC 162/2020 is allowed in part.
2. The opposite party is directed to pay Rs. 120/- (Rupees one hundred twenty only) to the complaint being the additional service charge levied from him.
3. The opposite party is directed to pay Rs. 5,000/- (Rupees five thousand only) as compensation to the complainant for the mental agony and hardship.
4. The payment shall be made with within 30 days of receipt of copy of this order, failing which the amount of Rs. 120/- shall carry an interest of 6% per annum from the date of this order till actual payment.   
5. No order as to costs.

Pronounced in open Commission on this, the 29^th day of January, 2024.

Date of Filing: 17/08/2020

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PRESIDENT                                    MEMBER                                       MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Degree online registration photo copy.

Ext.A2 – Centralized Admission Process (candidate copy).

Exhibits for the Opposite Party

Ext.B1 – Copy of receipt given by the Akshaya E-Kendra, Nallalam on  12/08/2020 to the complainant’s daughter.

Ext.B2 - Service charge report copy of the Akshaya E-Kendra, Nallalam.

Ext.B3 - Computer IP address copy.

Witnesses for the Complainant

PW1 - Gafoor. C, (Complainant)

Witnesses for the opposite parties:

RW1 – Sadhique. M.

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PRESIDENT                                    MEMBER                                       MEMBER

True Copy,      

                                                                                                                                  Sd/-

                                   Assistant Registrar.