Order No.  13  dt.  25/01/2019

        The case of the complainant in brief is that the complainant made contact with o.p. no.1 and he was informed by o.p. no.1 that minimum period of BCA (Graduation Career) course is 3 years and maximum 5 years, the total fee is Rs.1.57.000/- to be paid by installment during BCA course. The o.ps. provided distance BCA mark sheet and certificate from o.p. no.4, study materials from Aptech Computer Education. The complainant at the time of application expressed his financial difficulties and o.p. no.1 before taking admission in BCA course assured for education loan and they assured the complainant that he would be provided with the education loan after taking admission in BCA course. The complainant on the assurance of o.p. no.1 took admission on 07/08/2012 and admission fee was of Rs.13,137/-. The complainant requested the o.p. no.1 for education loan and he was informed that they tried from SBI to provide the loan, but they have not cooperated. The complainant, thereafter, informed the o.p. no.1 that he could not be able to pay the entire course fees within three years because of his financial problem. The o.p. no.1 assured the complainant of job placement during BCA course and gave an assurance to the complainant that five years time would be provided to BCA course fees in installment. The complainant appeared for 1^st  semester in the month of Jan.,2013 and the result was declared in the month of June,2013 and o.p. no.1 told the complainant that mark sheet could not be released due to non payment of installment. The complainant wanted to know the 3^rd semester examination but o.p. no.1could not allow him to appear for 2^nd and 3^rd semester examination. Thereafter, the complainant after persuading the o.ps. appeared 4^th and 5^th semesters examination in the month of July,2014 and Jan.,2015. But o.p. no.1 did not provide mark sheet since the complainant failed to pay the installment. The complainant wanted to appear in 6^th semester examination at Aptech, Ultadanga and no examination was held there and he was informed that the examination would be taken at Aptech, Laketown Kalindi and he went there and appeared in the examination. Thereafter, the complainant wanted to contact o.p. no.1 he was informed that the said Aptech copies of o.p. no.1 has been shifted to Kalindi. The complainant paid Rs.15,000/- in cash for BCA  course installment. Subsequently, the complainant paid the installment amount of Rs.5,000/- to o.p. no.5. After some time the complainant met o.p. no.5 and he was informed that o.p. no.4 did not declare the examination date and he was informed that there was better relationship cropped up between o.p. no.3 and o.p no.4 and he was informed to wait till next examination date fixed in the month of July,2016. Thereafter, the complainant sent email to o.p. no.2 to ascertain the problem regarding the said course, but o.p. no.2 did not give any reply. Thereafter the complainant went to o.ps. several times but no fruitful result was achieved for which the complainant filed this case praying for direction upon the o.ps. for refund of the amount of Rs.1,02,031/- as well compensation and litigation cost.

            The o.p. nos.1, 2 & 5 contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant was totally absent during the course of study and he did not clear the course fees of 2^nd and 3^rd semester examination for which the complainant was not entitled to appear the 2^nd and 3^ed semester  examination and accordingly he was shown absent in the said examinations. The complainant paid Rs.2,300/- on 02/03/2012 and after a long period of nine months he paid Rs.12,000/-. Since the complainant paid Rs.14,300/- he was allowed to appear in the 4^th and 5^th semester examinations. but he did not clear the fees within time. The complainant attended the class of 6^th semester at Ultadanga as the centre was about to close he was shifted to Kalindi centre for examination purpose though he was not a student of Kalindi centre. He was asked to pay the dues, but he did not pay the course fee. The complainant has suppressed the material fact and made a false statement that he handed over a hand generated money receipt to Sri Rajib Das and he received a computer generated money receipt. The complainant made a false complaint at Manicktala P.S. against the several persons, but the said P.S. did not take steps as the complainant had his own fault and he misbehaved with o.ps. by using slang language against the officials of o.ps. in presence of police personnel. Because of such ill behaviour of the complainant the o.p. no.1 had to lodged a complaint at Manicktala P.S. against him. On the basis of the said fact since the complainant failed to clear the dues, therefore, the demand of compensation and litigation cost is a false claim for which o.ps. prayed for dismissal of the case.

            In spite of receipt of notices other o.ps. did not contest this case by filing w/v and as such, the case has proceeded ex parte against them.

            On the basis of the pleadings of parties the following points are to be decided:

1. Whether the complainant complied the direction of o.ps. by payment of course fees?
2. Whether the complainant appeared in the examinations?
3. Whether there was any deficiency in service on the part of o.ps.?
4. Whether the complainant will be entitled to get the relief as prayed for?

Decision with reasons:

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. lawyer for the complainant argued that the complainant made contact with o.p. no.1 and he was informed by o.p. no.1 that minimum period of BCA (Graduation Career) course is 3 years and maximum 5 years, the total fee is Rs.1.57.000/- to be paid by installment during BCA course. The o.ps. provided distance BCA mark sheet and certificate from o.p. no.4, study materials from Aptech Computer Education. The complainant at the time of application expressed his financial difficulties and o.p. no.1 before taking admission in BCA course assured for education loan and they assured the complainant that he would be provided with the education loan after taking admission in BCA course. The complainant on the assurance of o.p. no.1 took admission on 07/08/2012 and admission fee was of Rs.13,137/-. The complainant requested the o.p. no.1 for education loan and he was informed that they tried from SBI to provide the loan, but they have not cooperated. The complainant, thereafter, informed the o.p. no.1 that he could not be able to pay the entire course fees within three years because of his financial problem. The o.p. no.1 assured the complainant of job placement during BCA course and gave an assurance to the complainant that five years time would be provided to BCA course fees in installment. The complainant appeared for 1^st  semester in the month of Jan.,2013 and the result was declared in the month of June,2013 and o.p. no.1 told the complainant that mark sheet could not be released due to non payment of installment. The complainant wanted to know the 3^rd semester examination but o.p. no.1could not allow him to appear for 2^nd and 3^rd semester examination. Thereafter, the complainant after persuading the o.ps. appeared 4^th and 5^th semesters examination in the month of July,2014 and Jan.,2015. But o.p. no.1 did not provide mark sheet since the complainant failed to pay the installment. The complainant wanted to appear in 6^th semester examination at Aptech, Ultadanga and no examination was held there and he was informed that the examination would be taken at Aptech, Laketown Kalindi and he went there and appeared in the examination. Thereafter, the complainant wanted to contact o.p. no.1 he was informed that the said Aptech copies of o.p. no.1 has been shifted to Kalindi. The complainant paid Rs.15,000/- in cash for BCA  course installment. Subsequently, the complainant paid the installment amount of Rs.5,000/- to o.p. no.5. After some time the complainant met o.p. no.5 and he was informed that o.p. no.4 did not declare the examination date and he was informed that there was better relationship cropped up between o.p. no.3 and o.p no.4 and he was informed to wait till next examination date fixed in the month of July,2016. Thereafter, the complainant sent email to o.p. no.2 to ascertain the problem regarding the said course, but o.p. no.2 did not give any reply. Thereafter the complainant went to o.ps. several times but no fruitful result was achieved for which the complainant filed this case praying for direction upon the o.ps. for refund of the amount of Rs.1,02,031/- as well compensation and litigation cost.

            Ld. lawyer for the o.p. nos.1, 2 & 5 argued that the complainant was totally absent during the course of study and he did not clear the course fees of 2^nd and 3^rd semester examination for which the complainant was not entitled to appear the 2^nd and 3^ed semester  examination and accordingly he was shown absent in the said examinations. The complainant paid Rs.2,300/- on 02/03/2012 and after a long period of nine months he paid Rs.12,000/-. Since the complainant paid Rs.14,300/- he was allowed to appear in the 4^th and 5^th semester examinations. but he did not clear the fees within time. The complainant attended the class of 6^th semester at Ultadanga as the centre was about to close he was shifted to Kalindi centre for examination purpose though he was not a student of Kalindi centre. He was asked to pay the dues, but he did not pay the course fee. The complainant has suppressed the material fact and made a false statement that he handed over a hand generated money receipt to Sri Rajib Das and he received a computer generated money receipt. The complainant made a false complaint at Manicktala P.S. against the several persons, but the said P.S. did not take steps as the complainant had his own fault and he misbehaved with o.ps. by using slang language against the officials of o.ps. in presence of police personnel. Because of such ill behaviour of the complainant the o.p. no.1 had to lodged a complaint at Manicktala P.S. against him. On the basis of the said fact since the complainant failed to clear the dues, therefore, the demand of compensation and litigation cost is a false claim for which o.ps. prayed for dismissal of the case.

            Considering the submissions of the respective parties it is an admitted fact that the complainant for the purpose of BCA course took admission in o.p. no.1 institute. It appears from the materials on record that the complainant wanted to pay the course fees by way of getting education loan from the bank which the complainant claimed that he was assured by o.ps. that the bank loan would be arranged for him. The complainant in order to substantiate the said claim could not file any document that o.p. no.1 gave any undertaking to the complainant that they would arrange for education loan. It appears from the materials on record that the complainant failed to clear the dues for appearing the subsequent semesters. On the contrary, from the materials on record it transpires that o.ps. allowed the complainant to appear in different semesters in spite of failure of payment of the course fees. The complainant has stated that he was assured by o.p. no.1 that he would be provided with a  job by making placement after completion of the said course. The o.ps. have categorically stated that it is not the duty of the institute to provide employment to the students only they can assist the students by placing them before the employer for recruitment according to their need. The said placement can only occur if the students complete the semesters. Here in this case, the complainant could not complete the semesters and he failed to pay the course fees, on the contrary, he has expected to get an employment and falsely made allegations against the o.ps. that they assured the complainant that he would be provided with an employment, if he completes the said course. It is an admitted fact that the complainant failed to pay the course fees as well as failed to complete the said course. Therefore, the question of giving assistance to the complainant for job placement never arose. The complainant in order to suppress his fault has falsely manufactured this case by making false allegations against the o.ps. Therefore, we hold that the case filed by the complainant has got no merit and the complainant will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.

            Hence, ordered,

            That the CC No.32/2018 is dismissed on contest against the o.p. nos.1, 2 & 5 and dismissed ex parte against other o.ps. without cost.