By Sri. MOHANDASAN.K, PRESIDENT
1. The complaint in short is as follows: -
The complainant paid an amount of Rs.1,85,000/- (rupees one lakh eighty-five thousand only) to the opposite party towards course fee offered by the opposite party. The course offered was Degree, Post-Graduation, Civil B.tech and Civil Diploma etc. The duration of B.tech and Civil Engineering courses were 6 months and the fee fixed for B.tech was Rs.1,85,000/-(rupees one lakh eighty five thousand only) and for Civil Engineering it was Rs. 90,000/-(rupees Ninety thousand only). Four friends of the complainant entrusted money with him and it was transferred to the account of opposite party through mobile application. Out of the said amount of Rs. 1,85,000/-(rupees one lakh eighty-five thousand only)- Rs. 15,000/- (rupees fifteen thousand only) was paid directly as cash. All the four friends of the complainant made to believe that the opposite party is conducting an institution under the name and style of MIAS ACADEMY at Chandakkunnu, Nilambur, Malappuram. The opposite party issued an acknowledgement receipt on 12/03/2018 in a stamped paper since the opposite party did not start the courses as promised. The complainant along with his friends approached the opposite party and demanded refund of the money. But instead of refunding the amount executed another document on 19/02/2019 acknowledging the receipt of 1,85,000/- (one lakh eighty-five thousand rupees only) rupees. The complainant alleges the act of the opposite party as unfair trade practice and there is deficiency in service. Hence the prayer of the complainant is to refund Rs.1,85,000/- (rupees one lakh eighty-five thousand only) with 10.5% interest from 12/03/2018 along with compensation of Rs. 1,00,000/- (rupees one lakh only) and Rs.1.50,000/- (rupees one lakh and fifty thousand only) each to the students due to loss sustained to them on account of the act of opposite party and also cost of Rs.1,000/- (rupees thousand only).
2. On admission of the complaint notice was issued to the opposite party and the opposite party entered appearance and filed detailed version. The contention of the opposite party is that the complainant is not a consumer and he has not availed any service from the opposite party and so there is no consumer relation between the complainant and opposite party. Opposite party also denied that any sort of unfair trade practice from the side of opposite party. Opposite party contended that he has not conducted any institution under the name and style MIAS ACADEMY and no help was provided for B.tech and Civil Diploma admission to the complainant. The opposite party is not aware of the criteria adopted for fixing fee mentioned in the complaint and also denied that complainant approached opposite party to discuss about the issue. The contention of opposite party is that they are not aware of friends of complainant and denied that friends of the complainant approached the opposite party for getting admission for B.tech Civil Diploma courses and also denied receipt of money from the said persons. Opposite party contended that they are not liable to give any amount to complainant or his friends. It is also stated that the opposite party has not given any signed receipt to the complainant and no agreement has executed between them. Opposite party admitted that the complainant deposited 1,70,000/- (One lakh and seventy rupees only) rupees on the opposite party account, but the said amount was transferred to Babu’s account but he is not aware that the above said amount was for an advance amount in connection with the admission of courses.
3. The contention of the opposite party is that the alleged agreement is a civil contract and the Consumer Commission has no jurisdiction to entertain the complaint and the proper remedy is to file suit before proper Court. It is also contended that complainant has no legal right to file any complaint in connection with the admission of B.tech and Civil Diploma course before this Commission since there is no deficiency in service from the side of opposite party. The complaint is to be dismissed with cost of the opposite party.
4. The complainant and opposite party filed affidavit and documents. The complainant produced documents also and they are marked as Ext. A1 and A2. Ext. A1 is an acknowledgement receipt of money and Ext. A2 is an agreement. Opposite party did not file any document. Both sides heard and perused the affidavits and notes of argument.
5. The following points arise for consideration: -
- Whether the complaint is maintainable?
- Whether there is deficiency in service on the part of the opposite party?
- Relief and cost?
6. Point No.1
The case of the complainant is that the opposite party made to believe the complainant that he is conducting an institution under the name and style of MIAS ACADEMY at Chandakkunnu, Nilambur Malappuram. Four friends of the complainant namely one Mr. Rahoof, Kallan House, Vengara, Malappuram, Sameer Abbas Nadakal House Vengara, Abdul SameerC. T House, Morayour, Schoolpadi, Malappuram, Prabeesh.K KondattilHouse , Priyapuram, Tirur, approached the opposite party for admission to B.tech and Civil Engineering courses. The complainant paid to opposite party Rs.1,20,000/- (rupees one lakh and twenty thousand only) on 12/03/2018 Rs.30,000/- (rupees thirty thousand only) on 13/04/2018, Rs. 20,000/- (rupees twenty thousand only) on 20/04/2018 by using mobile application. 2018 August complainant paid Rs.15,000/- (rupees fifteen thousand only) as cash to the opposite party and all these payments made by the complainant was for and on behalf of the above-mentioned students. Complainant produced Exts A1 and A2 to establish his case. Ext. A 1 is a declaration by the opposite party that he has received Rs. 1,20,000/- (rupees one lakh twenty thousand only) as paid towards course fee and thereby he has under taken to refund the above said amount in the case of any inconvenience caused to the students. Ext. A2 is an agreement between the complainant and opposite party and as per the terms the opposite party agreed to refund the amount of Rs.1,85,000/- (rupees one lakh eighty-five thousand only) through three installments of Rs.50,000/-, Rs. 65,000/, Rs. 70,000/- respectively and in case of default from either party the respective party will be responsible for the default.
7. The case of the opposite party is that though he acknowledges the payment of amount but it has transferred to account of one Babu. According to him he is totally unaware of the educational courses and the so called MIAS ACADEMY at Chandakunnu. The complainant has not produced any document to show that there was an academy in the name and style of MIAS ACADEMY. The document produced Ext. A1 is also disputed by the opposite party. He has stated that the signature is not put by him. His prayer is to examine the signature if it is necessary. The contention of the opposite party is that the complainant has not approached the opposite party for his own purpose. The opposite party has admitted the payment of money. The transaction between complainant and opposite party as per the agreement is a civil contract. The remedy for the same is not before the consumer commission. It has to be filed before any Civil Court if any grievance caused to him. We find there is sufficient merit in the contention of the opposite party that there is no consumer issue in the transaction. The real aggrieved persons due to deficiency in service if any on the part of the opposite party are the students, not the complainant. There is no document to show that the students entrusted the money with complainant and they are aggrieved due to the act of opposite party. The averment in the complaint and exhibits A1 and A2 does not reveal consumer dispute which the complainant can agitate before this commission. The transaction definitely comes under the civil dispute of money. So, the proper Forum for adjudication of this complaint is a civil court. The Commission do not find any consumer issue between the complainant and opposite party and we find first point accordingly.
In the above facts and circumstances the other points does not arise and we dismiss the complaint.
Dated this 27th day of December, 2021.
