DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. __02_ _ OF ___2018

DATE OF FILING :_5.1.2018         DATE OF PASSING JUDGEMENT:  4.10.2018

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker   

COMPLAINANT   :   Asit Kumar Pal, C/o Paritosh Pal, Vill. Keoradanga, P.O Bethberia, P.S Bishnupur, Dist. South 24-Parganas, Pin-743503.

•  VERSUS  -

O.P/O.Ps                    : 1. Swapan Kumar Mondal, C/o Haripado Mondal, Vill. Hiranmoypur Dakhin Para, P.O Hiranmoypur, P.S Jharkhali Kostal, Dist. South 24-Parganas, Pin-743312.

                                    2.    Netai Chandra Gayan, C/o Kartick Chandra Gayan, Vill. Ranighar-1, P.O- Joy Gopalpur Natun hat, P.S Basanti, Dist. South 24-Parganas, Pin-743312.

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                                                J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

                This is a complaint lodged under section 12 of the C.P Act, 1986 by the complainant ,alleging deficiency in service on the part of the O.P.

                 The facts leading to the filing of the instant case may be epitomized as follows.

                 The O.P-1 in connivance with his father in law i.e O.P-2 published one advertisement in “Karmasansthan” dated 30.12.2014 that they would admit the students in distance education of their A.D Group of Institutions to help them secure various degrees of B.Ed, M.ED, PhD etc.  Tempted by such advertisement, many students got themselves admitted to the said Institution and were ultimately deceived by the O.Ps. The complainant is one of them. He paid near about Rs.2 lac by cheques and in cash to O.P-1 who is the Director of the said Institute , who assured him to get M.ED and PhD Degree from outside West Bengal.

               Thereafter, one day he i.e O.P-1 went underground and his college was also closed. Thus ,the complainant was cheated. Now, alleging deficiency in service on the part of the O.Ps, he prays for refund of Rs.2 lac , compensation for mental agony and harassment etc. Hence, arises the instant case.

                The O.P nos. 1 and 2 have been contesting the case by filing written statement, wherein it is contended inter alia that there was a Nursery Play School at Sonarpur- Narendrapur. O.P-1 joined there as a Caretaker at a consolidated remuneration of Rs.1500/- per month. He was in no way attached to A.D Group of Institutions other than for a short terms employment. O.P-2 is the father-in-law of O.P-1 and he was never attached to the said Institutions. O.P-1 resigned in March, 2014 and thenceforth he had no connection with the A.D Group of Institutions. The complaint is a baseless and motivated one and, therefore, it should be dismissed in limini.

                Upon the averments of the parties, the following points are formulated for consideration.

POINT FOR DETERMINATION

1.        Are the O.Ps  guilty of deficiency in service as alleged in the complaint?
2.       Is the complainant entitled to get relief or reliefs as prayed for ?

EVIDENCE OF THE PARTIES

Evidence on affidavit is filed by the complainant. Written version filed by the O.Ps is treated as their evidence vide their petition dated 9.7.2018. All these are kept in the record after consideration.

DECISION WITH REASONS

Point no.1 & 2 :

               In the instant case, it is the version of the O.Ps that they have no connection whatsoever with the A.D Group of Institutions and that the complaint has been filed against them maliciously and falsely. Is it really the fact that the O.Ps ha d no connection with A.D Group of Institution?  One document ,which appears to be most important, will give the answer to this query. That document is nothing but the copy of one “CHUKTI PATRA” i.e Agreement. A copy of this agreement has been filed by the complainant with the complaint. This agreement has not been controverted by the O.Ps in any corner of his written statement. It has remained unchallenged. The agreement bears the signature of O.P-1. It says that O.P-1 got students admitted to A.D Group of Institution for Sessions 2013-2014 in B.Ed Course. This agreement having not been specifically denied by the O.Ps, is regarded as being admitted by them and this document appears to be a host in itself to prove that  O.P-1 is the Head of A.D Group of Institutions and that he runs the said Institute on his own accord.

               Some copies of money receipts have been filed by the complainant on record. These money receipts also bear the seal of the aforesaid Institution. It is the version of the complainant that the payment was made to the said Institution by cheque and also in cash. It is so reflected from the said money receipts that some payments were also made by cheque by the complainant. O.P-1 could have proved before the Forum that he never encashed the said cheques and that he never received the money from the complainant. No attempt whatsoever has been made on his part to establish these things. Why? It is only for the reason that the O.P-1 received the payment from the complainant through cheques also.

               The complainant has also filed Photostat copies of some pages of ‘Karmasansthan’ dated 30.12.2014. It is found therefrom that there is an advertisement in the name of A.D Group of Institution, which calls for the students for admission into various courses including Ph.D, M.ED, M.Phill, L.L.B etc.

               Regards being had to the agreement, as discussed above, vis a vis  this advertisement in ‘Karmasansthan’, we feel no difficulty to hold that the O.Ps are engaged in making such kind of statement which is knowingly false to them ,in order to grab money from the wretched unemployed students of our country. This is nothing but unfair trade practice on the part of the O.Ps. To receive money from the innocent students with assertion to help them to complete a particular educational course and then to close the institution to the disappointment of those students is also an act of gross deficiency in service on the part of the O.Ps. The complainant is , therefore,  entitled to get relief or reliefs which is granted to him accordingly as hereunder.

               In the consequence, the case succeeds.

               Hence,

ORDERED

             That the complaint case be and the same is decreed on contest against the O.Ps with a cost of Rs.10,000/- .

            The O.Ps, who will remain jointly and severally liable to make payment to the complainant, are directed to pay Rs.1,80,000/- to the complainant with punitive interest @12% p.a from the date of payment thereof till the date of full realization, within a month of this order ,failing which the complainant is at liberty to execute the order through the instrumentality of this Forum.

    Let a free copy of this order be given to the parties concerned at once.   

                                                                                                                   President

I / We agree

                                       Member                Member

Dictated and corrected by me

                       President