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Date of Filing: 11.11.2010
Date of Disposal: 03.10.2023
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:03.10.2023
PRESENT
Mr KRISHNAMURTHY BSANGANNANAVAR: JUDICIAL MEMBER
Mrs DIVYASHREE M:LADY MEMBER
APPEAL No.4654/2010
Rajarajeshwari College of Nursing
No.14, Ramohalli Cross
Mysore Road
Kumbalgodu
Bengaluru -560 074
By its Executive Officer Appellant
(By Mr Chandrakanth R Goulay, Advocate)
-Versus-
1. Sri Jacob A Punnoose
S/o Sri Chacko Punnoose
Aged about 49 years
2. Sri Arul Jacob
S/o Sri Jacob A Punnoose
Aged about 22 years
Both residing at Ancheril Panoor
SH Mount Post Office
Kottayam-686 006
Kerala State
(By Mr B N Jayadeva, Advocate
For R1 & R2)
3. The Rajiv Gandhi University
4th Block, Jayanagar
Bengaluru-560 041
Rep. by its Registrar
(By Mr Ashok N Nayak, Advocate)
4. The Government of Karnataka
Represented by its Secretary H & F W
Medical Education Department
M S Building
Bengaluru -560 001 Respondents
(By Mr H K Basavaraj, Advocate)
:ORDER:
Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
1. This is an Appeal filed under Section 15 of Consumer Protection Act 1986, by OP1 aggrieved by the Order dated 09.09.2010 passed in Complaint No.1585/2008 on the file of II Additional District Consumer Disputes Redressal Forum, Bengaluru (for short, the District Forum).
2. Heard the Arguments of the Learned Counsel for Respondents. None appeared for Appellant. Taking into consideration of the vintage of the matter, taken up to decide the case on merits.
3. The District Forum after enquiring into the matter, allowed the Complaint in part and directed the OP1-Rajajeswari College of Nursing is directed to refund Rs.1,25,000/- to the Complainants, within 60 days from the date of the Order. In the event of non-compliance of the Order within 60 days, the amount carries interest @ 9% p.a from the Date of the Order till refund/realisation. Further ordered Complainants are entitled Rs.2,000/- as costs of the present proceedings from OP-1. The District Forum Dismissed the Complaint as against OPs 2 & 3.
4. Aggrieved by this Order, OP1 is in Appeal inter-alia, contending amongst other grounds that, in the absence of proving specific claim for payment of amount and in proof thereof, there is no justification to make an order of payment of amount. The amount collected is admittedly towards balance of tuition fees which the student was obligated to pay and it is legal & entitled to be received by the college. It cannot be termed as unfair trade practice or illegal and without Authority of law as held. All other facts or related discussion would not enable the Forum to grant the relief now granted. This is wrong approach made leading to a wrong decision. Further he pleaded that the college did and possesses necessary permission from the concerned Authority to run the college. The finding that the college could not have admitted students for the year 2007-08 is without any basis and without proper application of mind with reference to the admitted facts as mentioned in reply. When the Forum has accepted all the facts in favour of this Appellant, it is not known as to how the present relief of refund of fees could be granted and more particularly when the relief of return of fees in a sum of Rs.60,000/- and Rs.26,000/- is refused by the Forum. Admittedly, the complainant has voluntarily given up the course and for the reasons best known to him. Further pleaded that the claim Petition itself was not maintainable and the District Forum has not competence or jurisdiction to entertain the complaint and that the relief sought for would not come within the de
