S.K.NAZEER vs K.SANYASI RAO

THIS is an application to condone the delay of 60 days in filing the appeal.

WHAT is stated in the petitioner''s affidavit is that the District Forum passed the impugned order on 8.8.2002 and a copy was delivered to him on 20.8.2002. He could not approach his Counsel due to ill-health. After recovery he contacted his Counsel on 15.11.2002 and entrusted the matter to file the appeal. Hence there is a delay of 60 days. This explanation is as bald as anything. No details are forthcoming about his ill-health; from what date he was suffering from the said ill-health, from where he took the treatment, name of the doctor or the hospital and the certificate regarding his ill-health. In view of the fact that the affidavit is delightfully vague in respect of all the relevant facts we are unable to perceive any satisfactory reason for condoning the delay. The petition,therefore, fails and is accordingly dismissed.

Even otherwise there are no merits in the appeal. The opposite party in C.D. No. 287/2002 on the file of the District Forum, Visakhapatnam is the appellant. The case of the complainant is that he joined the institute of the appellant for B.Ed. course by paying Rs. 15,000/- for academic year 1998-1999. The appellant could not send the complainant for the examination and returned a sum of Rs. 7,000/- withholding the balance of Rs. 8,000/-. In spite of several demands the same was not paid. Hence the complaint.

THE appellant before contesting the C.D. did not file any written version. THE District Forum allowed the complaint by directing refund of the balance of the amount of Rs. 8,000/- with interest at 12 per cent from 20.12.1998 till the date of realisation together with costs of Rs. 1,000/-. Hence the appeal. Exs. A1 and A2 are the receipts for payment of Rs. 15,000/- . Under Ex. A3 letter the appellant informed the complainant that he would return the fees. Accordingly a sum of Rs. 7,000/- was refunded. The balance was not refunded in spite of several demands. The complainant has proved his version by filing documents Exs. A1 to A3 as well as by filing an affidavit. The allegations of the complainant remain untrammelled and uncontrovered. Having regard to the oral and documentary evidence adduced by the complainant it is clear that the complainant paid a sum of Rs. 15,000/- out of which the appellant refunded only a sum of Rs. 7,000/- leaving a balance of Rs. 8,000/-. Therefore, the District Forum rightly directed the appellant to refund Rs. 8,000/- with interest at 12 per cent per annum from 20.12.1998 till the date of realisation together with costs of Rs. 1,000/-. As the part payment was made on 24.10.2000 as per the letter dated 24.10.2000 the complaint is within time. For all these reasons the appeal fails and is accordingly dismissed. Time for payment six weeks. Appeal dismissed.