RAO'S LADIES CENTRE vs G.Prameela

THE allegation of the complainant is that she purchased a Singer Machine and joined in the appellant-institute to learn embroidery work on Singer Machine. But some other machine i.e. grinding machine was given to her for learning. All that she complains is that she ought to have been allotted a Singer Sewing Machine for learning embroidery work. As the appellant has not provided a Singer Sewing Machine, after two days of joining the institute, she left the institute. THEn she filed a complaint before the District Forum Hyderabad claiming refund of admission fees of Rs. 60/- and embroidery training fee of Rs. 450/- in all a sum of Rs. 510/-. THE District Forum having regard to all the facts and circumstances of the case came to the conclusion that leaving of the institute after two days of joining, cannot be due to the reason that the complainant left for Vijaywada but due to other circumstances i.e. not providing her a proper machine. Having regard to that finding the District Forum allowed the claim of the complainant for 3/4th of Rs. 450/- with interest and costs of Rs. 100/-. Aggrieved by the same, the opposite party preferred this appeal.

IT is firstly submitted by Sri Venugopal, the learned Counsel for the appellant that the respondent has left the institute on her own accord. Hence the institute is not liable to refund any amount. The District Forum has held that leaving of the institute by respondent cannot be said to be on her own accord for going to Vijayawada. Having regard to the facts and circumstances, we also feel that the respondent left the institute on the ground that she was provided with a Grinding machine instead of Singer Sewing machine.

It is also submitted by the learned Counsel for the appellant that the dispute is not within the purview of the Consumer Protection Act and there- fore, the complaint is not maintainable.

PENDING the appeal we directed the entire amount awarded by the District Forum be deposited in the said Forum and it was so deposited. Since we feel that the respondent left due to the non-allotting her a Singer Sewing machine, we consider that the order of the District Forum for refund of 3/4th of Rs. 450/- and costs is justified. But this case cannot be a precedent to the other students who leave the institute of their own accord as under the terms and conditions, the appellant is not responsible for refunding the amount, to students leaving the institute before completing the course on their own accord. In the peculiar circumstances of the case, without it being precedent, we dispose of the appeal with a direction that if the amount towards interest is not already been deposited, that part of the order of the District Forum granting interest is set aside. The respondent is entitled to withdraw whatever amount was deposited in the District Forum. There shall be no order as to costs. Appeal dismissed.