G.BHANUPRASAD Vs. A.SRINIVASA RAO
LAWS(APCDRC)-2003-3-4
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 05,2003

G.BHANUPRASAD Appellant
VERSUS
A.SRINIVASA RAO Respondents

JUDGEMENT

DR.(MRS.) MAMATA LAKSHMANNA,MEMBER - (1.) THIS appeal is filed by the opposite party in O.P. No. 195/1997 on the file of District Forum, Khammam.
(2.) THE complainants son was admitted in H.M.S. Institute of Physiotheraphy at Thumkur on payment of Rs. 60,000/ - towards donation and deposit. He paid Rs. 50,000/ - through cheque bearing No. 600706 dated 9.9.1995 of Canara Bank, Khammam Branch and paid Rs. 10,000/ - in cash on 9.9.1995 at Khammam to the opposite party. On getting admission, he went to Thumkur along with his son and after admitting him returned to Khammam. However he was surprised to see that his son also left Thumkur on the same day and reached home as he could not withstand the ragging of the senior students. On repeated requests the opposite party refunded a sum of Rs. 10,000/ - paid in cash promising to repay the balance of Rs. 50,000/ - at an early date. As the balance amount was not refunded, the complaint was filed.
(3.) THE opposite party alleged that the Institute was located at Thumkur and, therefore, the District Forum, Khammam had no territorial jurisdiction. Secondly, the money was paid to the institution and not to him in his personal capacity and the fact that admission was given proves it. If the complainants son felt home sick and returned, he could not be held responsible for the same as the institute was not made a party and in his personal capacity, he was not required to return the amount Rs. 10,000/ - was returned only as a goodwill gesture. The District Forum relied on the documents filed by the complainant, namely counter foil of Canara Bank showing payment of Rs. 50,000/ - by cheque and letter written by the opposite party returning Rs.10,000/ - and promising to send the balance as early as possible dated 20.1.1996 and directed the opposite party to return Rs. 50,000/ - within one month. Aggrieved by the said order, this appeal is filed. ;


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