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Principal Bharat I.T.C. - Appellant
Versus
M.K. Muraleedharan - Respondent
Decided On : 12/19/1995
Appeal No. 1015 of 95
Advocates Appeared :
S. Reghukumar
Headnote:Consumer Protection Act, 1986 - Section 2 & 14 - Admission to a private technical Institute - Calm for refund of fee as complainant secured admission in Air Conditioning & Refrigeration Engineering but infact it was Draftsman (Civil) Opp.Partys plea that complainant was admitted to Air Conditioning and Refrigeration –Attendance register produced also showed that he was admitted to that course - No case of deficiency in service Order of Dist. Forum allowing claim is liable to be set aside. (para 3) Result: Appeal allowed.
P.K. Shamsuddin, President. - This appeal is directed against the order passed by the I District Forum, Kannur, in O.P. No. 76185. The opposite party is the appellant.
2. We heared the counsel for the appellant and also the complainant who appeared in person.
3. In the instant case the complainant was aggrieved by the refusal of the opposite party to refund Rs.2675/- paid by the complainant to secure admission in Air Conditioning and Refrigeration Engineering in a private technical institute run by the opposite p3rty. 'The complainant has got a case that in the identity card issued by the opposite party the course to which he was admitted was shown as Draftsman(Civil) instead of the course applied for and he attended the course only for 11 days and thereafter he left the School and joined Government I.T.I. Kannur for 199395 course. 'The District Forum found that in the prospectus there is a condition that fee once paid will not be refunded However it took the view that such a condition is unreasonable and cannot be given effect to. 'This was challenged by the opposite party. 'The only evidence adduced is Exit. AI an identity card issued by the Bus Operators Association However we find it difficult to believe that version since the complainant admittedly attended the course for 11 days. The opposite party categorically stated it was for Air Conditioning and Refrigeration engineering he was admitted. The attendance register produced also shows that he was admitted for that course. From the circumstances what we could gather is that he got admission to the I.T.I course in government ITI Kannur and therefore he wanted to leave the opposite party institution to join that course. Of course he demanded refund of fee. Without entering a finding that there is deficiency in the part of the opposite party it will not be possible to make a direction to refund the amount It is not on account of defect in the service of the opposite party that he left the institution, but because he wanted to join the Government I.T.I. In the circumstances we find it difficult to sustain the order passed by the District Forum. We allow the appeal set aside the order of the District Forum and dismiss the complaint. We direct the parties to bear their respective costs.
Appeal allowed.
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