STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

BEFORE    Hon’ble THIRU. JUSTICE  R. SUBBIAH           ::      PRESIDENT                       

                Thiru.R.VENKATESA PERUMAL                     ::      MEMBER

 

 FA. No. 181/2017

(As against order in CC.No. 155/2013 dated 15.2.2016, on the file of

DCDRC, Chennai(South)

 

                         DATED THIS THE 9^TH  DAY OF SEPTEMBER 2022

 

1.The Secretary,

Madha Group of Acadamic Institutions,

No.1A, Chari street,

North Usman Road,

T.Nagar,

Chennai 600 017               

 

2. The Chairman,

Madha Group of Acadamic Institutions,

No.1A, Chari street,

North Usman Road,

T.Nagar,

Chennai 600 017               

 

3. The Principal,

Madha Dental College,

Kundrathur, Chennai 600 069                         ..Appellants/opposite parties

           

                                                 Vs

 

Selvi.M.Shruthi Mithra,

C/o Dr. S.Mahalingam,

No.1, Kanagasabai colony,

Ring Road, Koyambedu,

Chennai 600 107                                            ..Respondent/complainant

 

Counsel for the  Appellants/opposite parties     : M/s V.Manisekaran

Counsel for the Respondent/complainant          : M/s S.Mahalingam

 

         

 

This appeal is coming on before us for hearing on 14.7.2022, and on hearing the arguments of appellant and on perusing the material records, this Commission made the following:

 

THIRU.R VENKATESA PERUMAL, MEMBER

 

1.    This appeal has been filed by the appellant/complainant as against the order dated 15.2.2016 in CC.No.155/2013 passed by the District Consumer Disputes Redressal Commission, Chennai(South) in partly allowing the complaint.

2.         For the sake of convenience and brevity, the parties are referred to here as they stood arrayed in the District Consumer Disputes Redresssal Commission, Chennai(South).

3.       The factual background giving rise to the present appeal is as follows;-

      The complainant submitted that she was allotted a seat in BDS course under the Government quota selection committee, Govt of Tamilnadu in the opposite party’s college namely Madha Dental College. Pursuant to the allotment of the seat, the complainant had joined the BDS course in the said college and paid a sum of Rs.75,000/- as college fee towards the 1^st year course and handed over the original certificates. The complainant attended the classes from 5.9.2008 to 24.9.2008. During the counseling , the complainant had paid Rs.2500/- towards tuition fee in advance as per the allotment procedure. Subsequently the complainant had received another counseling letter from the selection committee for selection of MBBS Course. Hence, the complainant had approached the opposite parties to return the original documents to appear before the selection committee. The complainant also selected for admission into MBBS course at Meenakshi Medical college under the Management quota. The opposite parties had returned the documents after a great struggle by the complainant, by getting necessary orders from the Addl.Director of Medical Education/Secreatary of Selection Committee,. Chennai. But the opposite parties had not returned the 1^st year fee of Rs.75,000/- paid by the complainant, despite of several demands made by the complainant. The opposite parties are not entitled to retain the said amount and they are liable to return the said amount, since the complainant had discontinued their BDS course. The act of the opposite parties in not returning the fee paid by the complainant would amount to unfair trade practice which had caused mental agony and hardship to the complainant. Hence the complainant sought for claim of refund of Rs.75,000/- with interest and Rs.1,00,000/- as compensation and Rs.10,000/- as litigation expenses to the complainant.

4.     The opposite parties denied all the averments and allegations contained in the complaint. The complaint itself is time barred and not filled in time as per clause 24(A) of the CP Act and the complainant h

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