I need authority in CPJ plz

Rekha..... (Querist) 18 September 2008 This query is : Resolved
Hi friends would u plz furnish me the soft copy of order 2003(1)CPJ 80
Parties names are K. Ravindranath Kottoor V/S President, executive Committee Kempegowda Institute of Medical Sciences
Thanx a lot

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H. S. Thukral (Expert) 18 September 2008
K. Ravindranath Kottoor
v
President, Executive Committee, Kempegowda Institute of Medical Sciences

ABDUL PERWAD

16 Sep 2002

BENCH
ABDUL PERWAD, RAMA ANANTH & T. JAYARAMA CHOUTA

COMPARATIVE CITATIONS
2003 (1) CPJ 80, 2002 INDLAW SCDRC 16311

ACTS REFERRED
Consumer Protection Act, 1986

RULES REFERRED
Karnataka Selection of Candidates for Admission to Engineering, Medical, Dental Courses Rules, 1993 [r. 12B]

CASE NO
Complaint No. 45 of 1995

LAWYERS
Shivasubramanyam, A. S. Nagabushana Rao

.JUDGMENT TEXT

The Judgment was delivered by : ABDUL PERWAD

This complaint is filed by Sri K. Ravindranath Kottoor and his son Sri Vinayak Kottoor of Koramangala, Bangalore, against the President, the General Secretary, and the Principal of Kempegowda Institute of Medical Sciences, Visweshwarapuram, Bangalore (for short 'Institute') alleging deficiency of service in connection with allotment of a first year MBBS seat.

The facts of the case as set-out in the complaint are as follows :

The first complainant approached opposite party No. 2 Mrs. Vasanthi Shivanna for securing admission for a first year MBBS course in KIMS for his son on 6.10.1994 and on that occasion he was informed by opposite party No. 2 that Vinayak Kottoor will be given a seat if requisite admission fee is paid within a period of 10 days. He was also informed that the payment should be made in cash and no cheque or demand draft will be accepted. According to this instruction when complainant No. 1 met one Sri Narayana Gowda on 17.10.1994 he prepared a summary of the break up of the amount which showed that a sum of Rs. 16, 26, 964/- and another sum of Rs. 1, 50, 000/- amounting to in all Rs. 17, 76, 964/- to be paid as contribution to the institute. The said Sri Narayana Gowda thereafter took complainant No. 1 to two different Banks, one inside and the other outside the college campus, and prepared cash deposit challans on the basis of which the complainants paid the money to both these Banks. Sri Narayana Gowda however kept the counter foils of the challans with himself and when the complainants asked him to give a receipt they were told that an official receipt will be issued in due course. Immediately thereafter a sum of Rs. 5, 24, 000/- was paid to opposite party No. 2 for which no receipt was issued either on the spot or later. Since complainant No. 1 was in an anxiety to obtain admission to his son he also did not press for a receipt at that time.

It is the case of the complainants that at the time of making payments complainant No. 1 had made it clear to opposite party No. 2 that Vinayak Kottoor had appeared for a common entrance test and in case he comes out successful the money paid will have to be refunded. It is stated that neither in the prospectus of the Institute nor in any other document of the Institute there is any condition which stipulate that the money once paid is not refundable. It is stated that opposite party No. 2 had in fact cited some cases where the money was refunded when the seat was surrendered.

It so transpired that Vinayak Kottoor passed the common entrance test and was allotted a seat at M.S. Ramaiah Medical College on merit basis on 12.11.1994. This fact was brought to the notice of opposite party No. 2 on 14.12.1994 with a request to refund the amount. It is stated that opposite party No. 2 informed complainant No. 1 that the Board will meet after the General Election results were announced and hence asked him to contact her after 15.12.1994. On 16.11.1994 she gave instructions to the college office to return the original certificates of Sri Vinayak Kottoor to enable him to produce them before the college which he was supposed to join. Vinayak Kottoor accordingly joined M.S. Ramaiah Medical College w.e.f. 21.11.1994. In this view of the matter it is stated that the opposite party Institute could not have included the name of Vinayak Kottoor in the list submitted to the Univer