M. THANIKACHALAM J. - (1.) PRESIDENT The unsuccessful complainant is the appellant.
(2.) The complainant who has got spot admission for M.L. decree course by correspondence course, has paid a sum of Rs.2,250/- on the date of admission and also paid first installment of tuition fee, on 30.08.2001. The second opposite party had collected from the complainant a sum of Rs.300/- exclusively, as postal and stationery fee, and therefore they are bound to inform well in advance, as to when the second installment of fees, is to be paid without fine.The opposite parties having failed, send a communication dated 18.12.2001, posted on 22.1.2002 informing the complainant that he had not remitted the second installment of tuition fee.The last date for payment was 31.12.2001 which was extended upto 20.1.2002 for payment without penalty. Having received a sum of Rs.300/- as hire charge, the opposite party have committed deficiency of service, by posting the letter dated 18.12.2001 on 22.1.2002, wherein also there was no indication of grace period to pay the fee without penalty. Because of the deficiency committed by the opposite parties, the complainant was forced to pay a sum of Rs.100/- as penalty, that too, due to the continuous negligence on the part of the second opposite party. Because of this conduct, the complainant had put to mental agony, for which, he is entitled to a sum of Rs.5 lakhs as compensation. Thus, the claim was lodged.
(3.) The opposite parties in their Written Version, questioning the jurisdiction of the District Forum on the grounds that they are not service provider and therefore as such Consumer Forum has no jurisdiction, that in the prospectus itself, it is stated, when and how the second installment of tuition fee has to be paid with penalty and without penalty etc., and for non-payment of tuition fee with fine, if at all the complainant paid penalty or fine that will not give cause of ion to claim compensation, exorbitantly and that if the circular was received belatedly, he should have paid amount explaining the same, failing to do so, the complainant cannot accuse the opposite parties, claiming compensation, thereby, praying for the dismissal of the complaint, denying the further allegations in the complaint as frivolous.;