DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

   SOUTH 24 – PARGANAS,

   AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144

             C.C. CASE NO. 50  OF 2019

DATE OF FILING: 3.4.2019                      DATE OF JUDGEMENT:  _18.7.2019

Present                 :   President       :   Ananta Kumar Kapri

                                 Member         :   Jhunu Prasad                        

COMPLAINANT      : Subhomoy Bhattacharyay, son of Arup Kumar Bhattacharyay, of Chakrabortypara, P.O & P.S Baruipur, Dist. South 24-Parganas, Pin- 700 144.

• VERSUS  -

O.P/O.Ps                    :   1. Meghnad Saha Institute of Technology, represented by Administrative Officer, at Nazirabad Road, P.S Sonarpur, Kolkata-150.

                                       2.    Principal, Meghnad Saha Institute of Technology, represented by Administrative Officer, at Nazirabad Road, P.S Sonarpur, Kolkata-150.

___________________________________________________________________

JUDGMENT

Sri Ananta Kumar Kapri, President

           Facts leading to the filing of the instant case by the complainant may be epitomized as follows.

.           The complainant.   was admitted to Meghnad Saha Institute of Technology i.e O.P-1 for pursuing 3-year-B.Tech course in electrical engineering and his registration no. was 1771420120083 of 2017-2018. At the time of admission he paid Rs.36000/- as admission fee to O.P-1. Thereafter, he also paid Rs.36,250/-, Rs.63,250/- and Rs.43,250/- as tuition fees etc. for 3^rd, 4^th and 5^th semester respectively. But due to his financial crisis, the complainant discontinued his study and withdrew himself from the O.P-1 College in the month of April, 2018.  Having withdrawn from O.P-1, he submitted an application before the O.P-2 i.e the Principal of the above Institute ,praying for refund of the total amount paid by him to the Institute. But the Principal i.e O.P-2 remained silent; he did not refund the amount to gratify the prayer of the complainant. Legal notice was also served  upon the O.Ps and the legal notice also failed to evoke any response on the part of the O.Ps. Therefore, the complainant has filed the instant case, praying for passing an order directing the O.Ps to refund Rs.1,42,750/- to him and to pay compensation of Rs.20,000/- for deficiency in service. Hence, the case.

           The summons have been served upon the O.Ps. But none of the O.Ps has turned up to contest the case and, therefore, the case proceeds exparte against them.

           Complainant has filed evidence on affidavit along with his supporting papers and all these are kept in the record after consideration.

DECISION WITH REASONS

 Complainant has prayed for refund of the amount which he has paid to the O.Ps at the time of his admission to O.P-1 Institute. On perusal of the copies of receipts filed by the complainant, it is found that the complainant has paid Rs.1,42,750/- to O.P-1 Institute. It further also transpires from the averment of the complainant that the complainant withdrew himself from O.P-1 Institute in the month of April,2018. He was admitted to the Institute on 5.9.2017 and he withdrew from the Institute about 8 months after his admission to the Institute. It stands established from the averment and evidence of the complainant that the complainant left the Institute in the mid-way of the course.

           Now, in the established circumstances, it is to be seen whether the complainant is entitled to get refund of fees paid by him to the O.P-1 Institute. In this regard, there is a circular of U.G.C and pursuant to that Circular of U.G.C , Moulana Abul Kalam Azad University of  Technology , West Bengal , which issued registration number to the complainant, has  issued a notice to all the Institutes under it, vide notice no.1880/1C-107/2017 dated 1.8.2017 and the relevant portion of the said  notice is quoted herein below.

           “In the event of a student withdrawing before the starting of the Course, the entire fee collected from the student, after a deduction of the processing fee of not more than Rs.1000/-( Rupees One thousand only) shall be refunded by the Institution. It would not be permissible for Institutions to retain the School/Institution Leaving Certificates in original. Should a student leave after joining the Course and if the vacated seat is consequently filled by another student by the last date of admission, the Institution must refund the fee collected after a deduction of the processing fee of not more than Rs.1000/-( Rupees One thousand only) and proportionate deductions of monthly fee and proportionate hostel rent, wherein applicable. In case the vacated seat is not filled, the Institution should refund the security deposit and return the original documents. Institution should not demand fee for the subsequent years from the students cancelling their admission at any point of time. Fee refund along with the return of Certificates should be completed within 7 days”.

          Coming to the facts of the instant case, it stands established that the complainant left the O.P-1 Institute in the mid-way of his course. There is no evidence produced before the Forum that the seat which fell vacant on the complainant having withdrawn from the course, has been filled up by the Institute. That apart, it is not also possible for the Institute to fill up that vacant seat of the complainant as the complainant left the course in the mid-way of the session. So, in this circumstances as stands established and in view of the circular as mentioned above, the complainant is only entitled to refund of the caution money paid by him to the Institute.

           On perusal of the money receipt dated 10.11.2017 , vide Annexure P/3 to the complaint, it is found that the complainant paid Rs.10,000/- as caution deposit. This being so, the complainant is only entitled to refund Rs.10,000/-.

                      In the  result, the case succeeds in part.

            Hence,

                                                                   ORDERED

            That the complaint case be and the same is decreed exparte against the O.Ps  with a cost of Rs.5,000/-.

            The O.Ps are directed to pay a sum of Rs.10,000/- as refund amount and Rs.5000/- as compensation for harassment and mental agony for not attending the prayer of refund of the complainant in time as prescribed in UGC Circular to the complainant within a month of this order, failing which the refund amount, compensation amount  and the cost amount will bear interest @10% p.a till full realization thereof.

       Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.

                                                                                                                   President

I / We agree

                                                          Member

          Dictated and corrected by me

                             President