M. THANIKACHALAM J. - (1.) The unsuccessful opposite party before the lower forum is the appellant herein.
(2.) The complainant/ respondent had admitted his son in the Engineering College run by the appellant, in the Mechanical Engineering- 1st year. At that time on 20.9.2004, on behalf of his son as father he had paid a sum of Rs.42800/-, which includes tuition fees, development fees etc., The son of the complainant realizing the infrastructure available in the college run by the appellant is insufficient and bad, thus dissatisfied, left the institution within three days. Thereafter, a requisition was made for the return of the amount paid as well as the original certificates, but the management have agreed to return the original certificates, refused to return the amount, which caused grievance resulting a consumer complaint for the return of the tuition fees, in addition to compensation.
(3.) The appellant having received the copy of the complaint before the lower forum appeared through counsel, but failed to file version within the time contemplated, resulting an application for extension of time, which was allowed on some condition. Despite an opportunity has been given, the appellant has not properly utilized the same in the sense not complied the condition resulting dismissal of that application. Therefore, the lower forum took the case and decided the same on merit resulting an order directing the appellant to pay a sum of Rs.34000/- being the part of the amount paid in addition to cost, which is impugned in this appeal.;