Judgment : Dt.25.1.2018

Mrs. Balaka Chatterjee, Member

            This petition of complaint is filed under section 12 of C.P.Act by (1) Munmun Jana, (2) Soma Mitra (Dutta), (3) Moumisti Roy, (4) Priyanka Dhar (Kundu), (5) Sabina Parveen Sardar, (6) Kalyani Dutta, (7) Bivas Das, (8) Anamika Jana, (9) Subhodip Roy Chowdhury, (10) Sahadeb Guria alleging deficiency in service as well as unfair trade practice on the part of the opposite parties namely (1) Ambika Prasad Dutta, (2) Debi Prasad Dutta.

            Case of the Complainants in brief is that they all being students came to know from an advertisement in a news paper that the opposite parties (OPs hereinafter) were running B.Ed Course at an Institution under the name and style as “Manorama Memorial Institute of Education”, having Corporate office at 165, Anandapally, P.S.-Jadavpur, Kolkata-700 032 and got admission to the B.ED COURSE under the said Institution for the session 2014-2015. The ten Complainants had paid the following amount against money receipts issued by the OPs-

1. Complainant No.1              Munmun Jana                      Rs.1,45,000/-
2. Complainant No.2              Soma Mitra (Dutta)             Rs.1,25,000/-
3. Complainant No.3              Moumisti Roy                     Rs.1,02,000/-
4. Complainant No.4              Priyanka Dhar                     Rs.   77,000/-
5. Complainant No.5              Sabina Parvin Sardar           Rs.   85,000/-
6. Complainant No.6              Kalyani Dutta                      Rs.   90,000/-
7. Complainant No.7              Bivas Das                            Rs.1,25,000/-
8. Complainant No.8              Anamika Jana                     Rs.1,00,000/-
9. Complainant No.9              Subhodip Roy Chowdhury Rs.1,00,000/-

(10)Complainant No.10         Sahadeb Guria                     Rs.1,00,000/-

            It is further stated by the Complainants that on 19.9.2015 the OPs had arranged an B.Ed examination in R.K.D.F. University at Bhopal and promised the Complainants that they would provide valid mark sheet and certificate for each candidate within December, 2015, but the said promise has not been translated into reality so far. The Complainants lodged complaints with the Jadavpur P.S. on 24.01.2017, 26.03.2017 and 2.4.2017 and receiving the same the said P.S. started a criminal case being case No.145 of 2017 dt.2.4.2014 under Section 420, 406, 120B of IPC  against the OPs. According to the Complainants, the OPs by adopting such unfair trade practices spoilt valuable one year from their career and as such they are liable to compensate the Complainants. Accordingly, the Complainants have prayed for direction upon the OPs to handover authentic B.Ed Mark sheets and certificates to the Complainants alternatively to refund the received amount from the Complainants respectively along with interest @ 18% p.a. to be accrued from the date of claim till realization, to pay Rs.2,00,000/- towards compensation and Rs.30,000/- towards cost of litigation.

            Notices were served upon the OPs but the OPs did not turn up and, therefore, the case was fixed for ex-parte hearing vide order No.5 dt.18.12.2017.

            The Complainants filed a petition for treating the petition of complaint as affidavit-in-chief. Prayer was allowed. The Complainants annexed photocopies of documents including money receipt.

Decision with reasons

            It is evident from the unchallenged and unrebutted evidence on affidavit adduced by the Complainants that they have paid consideration amount to the OPs for availing service for facilitating admission to B.Ed Course and have a B.Ed degree from R.K.D.F. University. It is evident that the institution owned by OPs is nothing but a proprietorship business. It appears from the petition of complaint that the OP Institute facilitates admission to R.K.P.F. University. Therefore, it cannot be said that the Institution owned by the OPs imparts education. It only provides service. Therefore, the Complainants by paying certain amounts towards consideration for availing service have become consumer under the OPs.

            Further, the OP institute has been deviated from the promised service since the Complainants have not got any valid degree from RKPF University although they were promised to have the same. This is a clear example of deficiency in service on the part of the OPs for which they are liable to refund paid amount to the Complainants respectively. Since the OPs have compelled the Complainants to file the instant case they are liable to pay the cost of litigation. However, considering the facts and circumstances, we are not inclined to allow compensation.

            In the result, the petition of complaint succeeds.

            Hence,

ordered

            that the Consumer Complaint being No.CC/551/2017 is allowed ex-parte in part with cost. The OPs are directed to refund Rs.1,45,000/- to the Complainant No.1, Munmun Jana; Rs.1,25,000/- to Complainant No.2, Soma Mitra (Dutta), Rs.1,02,000/- to the Complainant No.3, Moumisti Roy; Rs.77,000/- to Complainant No.4, Priyanka Dhar,Rs.85,000/- to Complainant No.5, Sabina Parvin Sardar, Rs.90,000/- to Complainant No.6 Kalyani Dutta; Rs.1,25,000/- to complainant No.6 Bibhas Das; Rs.1,00,000/- to the Complainant No.8 Anamika Jana; Rs.1,00,000/- to Complainant No.9 Subhodip Roy Chowdhury; Rs.1,00,000/- to the Complainant No.10, Sahadeb Guria, within one month from the date of communication of this order. OPs are further directed to pay Rs.1,000/- towards litigation cost to each of the Complainants within above mentioned period failing which the entire amount shall carry interest @ 10% p.a. from the date of this order till realisation.