IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER

DISPUTES REDRESSAL COMMISSION, MADURAI.

Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER

F.A.No.58/2014

(Against the order made in C.C.No.01/2011 dated 27.03.2013 on the file of

the District Forum, Karur.)

TUESDAY, THE 30^th DAY OF NOVEMBER 2021

1. The Chairman,

M.Kumarasamy College of Engineering,

Thalavaipalayam,

Karur. 1^st Appellant/1^st Opposite Party

2. The Principal,

M.Kumarasamy College of Engineering,

Thalavaipalayam,

Karur. 2^nd Appellant/2^nd Opposite Party

-Vs-

1. M.Shankar,

S/o S.Murugesan,

8, MSP Nagar,

Dharapuram. 1^st Respondent/1^st Complainant

2. S.Murugesan,

S/o Subbaraya Gounder,

8, MSP Nagar,

Dharapuram. 2^nd Respondent/2^nd Complainant

Counsel for the Appellants-1&2/Opp.parties-1&2 : M/s Mark J.Jackson, Advocate.

Counsel for Respondents-1&2/Complainants-1&2 : In-person.

This appeal coming before us for final hearing on 16.11.2021 and upon

hearing the arguments of both sides 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, Karur made in C.C.No.01/2011, dated

27.03.2013, 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,

Karur.

3. The opposite party, suffering by an order, directing them to refund of

Rs.70,000/- towards the fees remitted by the 1^st complainant, and also directed to

pay Rs.1,00,000/- towards compensation for mental agony and to pay Rs.1000/-

towards cost to the complainants in the hands of the learned District Consumer

Disputes Redressal Forum, Karur (hereinafter referred to as District Forum), has

preferred this appeal before this Commission.

4. The case of the complaint is as follows:- The 1^st complainant has joined

in 1^st year B.E.(Electronics and Instrumentation) in the opposite parties college.

While the first complainant was studying in the said institution, the second opposite

party levied penalties without assigning any reason and collected the same with the

mess fess. The first complainant was asked to pay Rs.5000/- as fine for not

attending the college for about 15 days from 08.10.2009. The first complainant was

forced to vacate the hostel with all other students on 08.10.2009 without prior

intimation. While vacating the hostel in urgency, the first complainant left his laptop

Model 794 WO valued about Rs.33,000/-. Water purifier valued about Rs.1,800/- and

books in his room No.167A. The complainant had dropped a letter in the college

information box on 10.10.2009 and sent an email to the Vice-Chancellor, Anna

University, Coimbatore on 13.10.2009 for returning his things. The first complainant

also sent a letter to the second opposite party to return his things, certificates and

fees remitted for the second year and caution deposit of Rs.5000/- to enable him to

continue his studies in any other institution. The second opposite party gave an

evasive reply dated 05.12.2009. The first complainant had filed a writ petition in WP

(MD) No.11658/2009 before the High Court bench of Madras at Madurai and got

interim direction permitting him to enter into the Hostel room and take back his

laptop and other things. But the things of the complainant were not

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