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

Wednesday the 24^th day of January 2024

CC.491/2023

Complainant

Neha Shyju. K,

D/o. Shyju. K,

Manikyam (HO), Karappoyil,

P. O. Merikkunnu,

Kozhikode – 673012

(By Adv. Sri. Pavithran. K)

Opposite Parties

1.               The Manager,

Lakshya Indian Institute of Commerce,

                        2^nd Floor, Paryson Square,

Rajaji Road,

Calicut – 673004

2.              The Managing Director,

Corporate Office;

Indian Institute of Commerce,

Lakshya, Lakshya CA Campus,

Adv. Easwara Iyer Road,

Pulleppady-Eranakulam - 682035

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed Under Section 35 of the Consumer Protection Act, 2019.

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

The complainant wanted to join ACCA Course in the first opposite party institution and for that purpose she had remitted an amount of Rs. 10,000/-. The complainant enquired about other institutions with less fee compared to first opposite partyand came to know that the course fee is much less in other institutions. Hence, she joined the course in another institution where the fee is lesser. Thereafter, she approached the opposite parties for refund of Rs. 10,000/- remitted by her. Apart from remitting Rs. 10,000/-, she has not joined the course, but the opposite parties were not ready to refund the amount. The act of the opposite parties constitutes unfair trade practice and deficiency of service. On 6/06/2023 the complainant issued a lawyer notice to the first opposite party, but it evoked no response. Hence the complaint for refund of Rs. 10,000/- with interest along with compensation of Rs. 1,00,000/-.

3.  The opposite parties were set ex-parte.
4. The points that arise for determination in this complaint are;

                   1) Whether there was any unfair trade practice or deficiency of service on the part of the opposite parties, as alleged?

                   2) Reliefs and costs.

5. The evidence consists of the oral evidence of PW1 and Exts A1 to A4.
6. Heard.  
7. Point No 1:    The complainant has approached this Commission seeking refund of Rs. 10,000/- remitted by her in connection with ACCA course conducted by the opposite parties, along with compensation of Rs. 1,00,000/.
8. PW1 who is none other than the complainant has filed proof affidavit and deposed in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the brochure, Ext A2 is the copy of the receipt dated 17/05/2023, Ext A3 is the copy of the receipt dated 29/05/2023 issued by Kappan’s School of Accountancy and Management, Kozhikode and Ext A4 is the copy of the lawyer notice and postal receipt. 
9. The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version. They have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A4. The act of the opposite parties in not refunding the amount is nothing but unfair trade practice and deficiency of service.  The opposite parties are bound to refund the amount of Rs. 10,000/- to the complainant. The complainant is also entitled to get Rs. 3,000/- as cost of the proceedings. The opposite parties are jointly and severally liable. 
10. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.491/2023 is allowed in part.

b) The opposite parties are hereby directed to refund Rs.  10,000/-   (Rupees ten thousand only)   to the complainant. 

c) The opposite parties are directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) as cost of the proceedings to the complainant.

d) The payment as afore stated shall be made within 30 days of the   receipt of copy of this order, failing which, the amount of Rs.10,000/- shall carry an interest of 6% per annum from the date of this order  till actual payment.

Pronounced in open Commission on this, the 24^th day of January, 2024.

Date of Filing:  17.10.2023 

                                         Sd/-                                                            Sd/-                                                Sd/-

                                  PRESIDENT                                             MEMBER                                       MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Copy of the brochure.

Ext.A2 – Copy of the receipt dated 17/05/2023.

Ext.A3 – Copy of the receipt dated 29/05/2023 issued by Kappan’s School of Accountancy and Management, Kozhikode.

Ext.A4 - Copy of the lawyer notice and postal receipt. 

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1 - Neha Shyju. K, (Complainant)

                                            Sd/-                                                         Sd/-                                                  Sd/-

                                   PRESIDENT                                             MEMBER                                       MEMBER

True Copy,      

                                                                                                                                                            Sd/-

                                                            Assistant Registrar.