IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER

DISPUTES REDRESSAL COMMISSION, MADURAI.

Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER

F.A.No.05/2015

(Against the order made in C.C.No.83/2011 dated 06.11.2014 on the file of

the District Forum, Thanjavur.)

MONDAY, THE 27^th DAY OF DECEMBER 2021

1. The Registrar,

SASTRA University,

Thirumalaisamudaram,

Thanjavur – 613 401. 1^st Appellant/1^st Opposite Party

2. The Principal,

Shanmuga Arts Science Technology

And Research Academy,

Thirumalaisamudaram,

Thanjavur – 613 401. 2^nd Appellant/2^nd Opposite Party

-Vs-

Minor PL.Muthazhagappan,

S/o M.Meenatchi Palaniappan,

Represented by his father and guardian,

M.Meenatchi Palaniappan,

No.C 36, Second Main Road,

Ramalinga Nagar,

Trichy-3. Respondent/Complainant

Counsel for the Appellants-1&2/Opp.Parties-1&2 : M/s.K.K.Senthil, Advocate.

Counsel for Respondent/Complainant : Mr.S.Martin, Advocate.

This appeal coming before us for final hearing on 25.10.2021 and on

perusing the material records, this Commission made the following:-

ORDER

THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER.

1. This appeal has been filed by the appellants/opposite parties under section 15

read with section 17(1) (a) (ii) of the Consumer Protection Act, 1986 against the

order of the learned District Forum, Thanjavur made in C.C.No.83/2011, dated

06.11.2014, allowing the complaint.

2. For the sake of convenience and brevity, the parties are referred to here as

they stood arrayed in the learned District Consumer Disputes Redresssal Forum,

Thanjavur.

3. The opposite parties suffering by an order, directing the opposite parties to pay

a sum of Rs.2,48,000/- towards tuition fees collected by the opposite parties to the

complainant and to pay a sum of Rs.25,000/- towards compensation for the mental

agony suffered by him owing to the deficiency of service on the part of the opposite

parties and to pay Rs.5000/- towards cost of his litigation to the complainant in the

hands of the learned District Consumer Disputes Redressal Forum, Thanjavur

(hereinafter referred to as District Forum), has preferred this appeal before this

Commission.

4. The case of the complaint is as follows:- The minor complainant

represented by his father filed this complaint for refund of fees paid by him with the

opposite party. The minor complainant got admission with the 2^nd opposite party in

B.Tech course on 19.06.2009. The 2^nd opposite party college is affiliated to the first

opposite party namely Sastra University, Thanjavur. At the time of admission, the

complainant was required to pay a sum of Rs.42,000/- + 10,000/- + 11,000/- + 5000=

Rs.68,000/- and the same was paid by the complainant for which receipts were

issued by the second opposite party and thereafter the minor complainant had got a

seat in the counseling under the Government College for BDS Course. Immediately

the complainant have approached with the opposite party to get back the original

certificates and also for issuance of transfer certificate and for refund of amount

Rs.68,000/- already paid. But the second opposite party have insisted and compelled

to pay full term course fees of a sum of Rs 2,48,000/-, otherwise they will not issue

transfer certificate to the complainant. The transfer certificate is very much essential

to join the BDS course without any alternative that the complainant has paid a sum

of Rs.2,48,000/- on 14.09.2009 for which receipts has been issued by the 2^nd

opposite party. After receipts of above said payment that the second opposite party

issued transfer certificate and they have utilized urgency and received the above

sai

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