BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

27^th DAY OF MARCH 2019

O R D E R

SMT. SHANTHA P.K, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) with a prayer to direct OPs to pay a sum of Rs.55,000/- along with interest at 12.5% p.a from 31.12.2015 till the date of actual realization, to pay a sum of Rs.5,00,000/- towards compensation for the mental agony and losses suffered by the complainant and to award costs also grant such other reliefs.

2. The brief averments made in the complaint are as under:

The complainant was residing in Mumbai, Maharashtra and due to some personal inconveniences he had to discontinue his B.Com.  After coming to Bangalore, during June 2015, the complainant joined Spark Correspondence Institute, R.T Nagar, Bangalore (hereinafter referred as OP-1) as a Recruitment and Business Development Manager.  OP-1 offered correspondence degree courses, as the complainant was unable to complete his B Com when he stayed at Mumbai, the complainant interested in pursuing BBA correspondence course.  After due enquiry, complainant got an admission to the course of BBA and accordingly he has also paid an admission fee amounting to the tune of Rs.85,000/- on three different occasions i.e., on 16.10.2015 a sum of Rs.30,000/- was paid, on 05.11.2015 another sum of Rs.20,000/- was paid and finally on 31.12.2015 a sum of Rs.35,000/- was paid to the OP-1 which was duly collected by Suprith K.U. (OP No.2) who is the Managing partner to the institution.

OPs falsely claimed that, the correspondence courses which the institution was offering were affiliated with C.V Raman University.  Later, upon enquiry it was found that, the institution was not at all affiliated to C.V Raman University.  After collecting a huge sum of money from the complainant as stated above, the OPs failed to start any coaching classes and they further more failed to provide any kind of study materials to the complainant as assured at the time of his admission whenever the complainant questioned the OPs regarding their negligence and deficiency of service they used to evade the complainant by giving evasive answers.

The OPs kept on dodging the complainant for a year.  After losing faith, during May 2017 the complainant demanded the OPs to remit the amount that was paid by the complainant towards admission to the course of BBA, to which OPs initially prayed some time and even after that, OPs never keep their promise and subsequently the whereabouts of OP No.2 was not traceable.  The said OP-2 was absconding for more than a year as he had fraudulently cheated many other innocent students like the complainant.  When the complainant recently learnt that, the aforementioned OP-2 was back to Bangalore, the complainant and his father immediately rushed to the institution on 15.07.2018 and the OPs sought for 15 days time for negotiations.  Finally on 07.08.2018 when the complainant decided to file the complaint before the jurisdictional police and approached OPs for the last time and OPs agreed to seek the aforementioned issue and promised to repay the entire amount along with Rs.55,000/- as a compensation.  Totally Rs.1,35,000/- within 31.08.2018.  OPs have cleared a sum of Rs.80,000/- on 01.09.2018 and OPs refused to pay the agreed amount of Rs.55,000/-.  Hence complainant felt deficiency of service on the part of OP and compelled to approach the Forum for seeking redressal for his grievance.

3. After registration of the complaint, notices were issued to OPs.  Inspite of service of notice, OPs remained absent without sufficient reason and cause.  Hence OPs were placed ex-parte and the case was posted for filing affidavit evidence of the complainant.

4. So as to prove the case, the complainant has filed the affidavit evidence in support of his complaint reiterating the complaint averments and produced the copies of documents.

5. The above said assertions of the complainant have remained unchallenged.  OPs neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances we have no reasons to disbelieve the sworn testimony of the complainant to some extent.

6. Let us have a cursory glance at the documents produced by the complainant.  Document No.1 is the copy of receipt No.644 for the fee Rs.30,000/- paid by the complainant on 16.10.2015 to OPs.  Document No.2 is the copy of receipt No.338 for the fee of Rs.20,000/- paid by the complainant to OPs on 05.11.2015.  Document No.3 is the copy of receipt No.396 for Rs.25,000/- paid by the complainant to OPs on 31.12.2015, in all Rs.85,000/- as against the total admission fee of Rs.90,000/- (Ninety Thousand Rupees).

7. On perusal of oral and documentary evidence of the complainant, it is clear that, the complainant has paid Rs.85,000/- to got an admission to the course of BBA.  After collecting a huge sum of Rs.85,000/-, OPs failed to start any coaching classes and also failed to provide any kind of study materials to the complainant as assured at the time of admission.  The conduct of OPs in neither providing any service nor refunding the total amount paid by the complainant as fee amounts to deficiency of service on the part of OPs.

8. The OPs did not appear and contest the claim put forth in the complaint.  The conduct of OPs in not refunding the total fee amount of Rs.85,000/- must have put the complainant to great hardship, inconvenience and mental agony.  However OPs have refunded Rs.80,000/- and OPs failed to pay the remaining amount of Rs.5,000/-.  For this complainant has sought for the sum of Rs.55,000/- and Rs.5,00,000/- compensation with cost.  This claim is exorbitant and without any base.  If we direct the OPs to refund the balance amount of Rs.5,000/- with litigation cost of Rs.2,000/-.  We hope ends of justice will met sufficiently.

9. In the result, we proceed to pass the following.

       O R D E R

The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part. 

OPs are directed to refund the balance amount of Rs.5,000/- to the complainant together with litigation cost of Rs.2,000/-.

OPs are directed to comply the said order within four weeks from the date of communication of the order.  

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the open Forum on this 27^th day of March 2019)

MEMBER                                                               PRESIDENT

     Vln*      

Witnesses examined on behalf of complainant dated 11.01.2019.

 Sri.Pawan Suvarna,

                                OPs   -       Absent

MEMBER                                                               PRESIDENT

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