M.THANIKACHALAM J. - (1.) The opposite party is the appellant.
(2.) The complainant/ respondent, in this appeal, joined in the opposite party institution in the MBA course, and later on she left the college, on her own, in order to join elsewhere for better course. Thereafter, it seems when she demanded the fee paid by her, that was refused, except Rs.5000/-, refundable deposit. The complainant, accusing as if the opposite party has committed negligent act, in not returning the entire amount, issuing notice, filed the complaint, wherein notice was served upon the opposite party also. The opposite party, on the date of hearing, failed to appear either in person, or through counsel, resulting an exparte order on 31.12.2008, and exparte decree, on 11.2.2009, which is challenged in this appeal. Records perused. Orders passed on merit.
(3.) This appeal was posted for argument on 1.2.2011, on which date, there was no representation for respondent, and at the request of the appellant, for argument, the case is posted today, and today also there was representation for the respondent/ complainant, through appeared through counsel.;