Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 30.08.2016

                    Smt. Karishma Mandal

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to return the amount i.e. Rs. 99,100/-                    ( Ninety Nine Thousand only ) including compensation and litigation costs.

2. The facts of this case lies in a narrow compass which is as follows:-

The complainant has asserted that he received information that Bihar College of Pharmacy is a good institute having facilities of imparting education of B. Pharma Course as well as laboratory and other facilities. Thereafter, he purchased a prospectus after paying Rs. 500/- on 07.08.2010 and took admission in that institution after paying Rs. 25,000/- on 10.08.2010 through Bank Draft for one year teaching fee and thereafter he was admitted in B. Pharma Course of 2009-2010 session. For issuing identity card he has paid Rs. 100/- to the college on 13.08.2010. After taking admission, the complainant discovered that there is no facility of laboratory, game, teaching in the college and hence after paying Rs. 14,000/- to a private coaching he completed his course.

It has been further asserted by the complainant that he has paid Rs. 8,000/- on 21.08.2010 for examination fee of Part – I of session 2009-2010. The complainant came to know that examination of his course was to began on 26.11.2010, then on 20.11.2010 and on 24.11.2010 he came to collect his admit card as well as identity card from the college but he was informed by head clerk Vijat Babu to pay Rs. 35,000/- for issuing admit card.

It is further alleged that the complainant requested opposite party no. 1 for his admit card but he was told that as Rs. 35,000/- had been spent in university in order to get the admit card issued, hence he will have to pay that amount. When he persisted then opposite party abused him and admit card could not be issued because complainant could not pay illegal Rs. 35,000/- and as such he could not appear in the examination.

Due to aforesaid conduct of opposite parties the complainant slipped into depression as his career was ruined and thereafter he gave a legal notice to opposite parties but without result. The complainant has annexed several documents by way of annexure such as receipt of Rs. 500/- dated 07.08.2010 ( vide annexure – 1) receipt of Rs. 25,000/- dated 10.08.2010 ( annexure – 2) receipt of Rs. 100/- dated 13.08.2010 ( annexure – 3), receipt of Rs. 8,000/- dated 21.08.2010 9 annexure – 4) as well as photo copy of legal notice (annexure – 5). Thus it appears that the complainant has paid total amount of Rs. 33,600/-.

From the record it appears that when registered notice issued to the opposite parties did not returned unserved, then it was declared legally served and opposite parties were allowed several adjournments to file written statement but they did not appeared.

It is further stated that all the facts mentioned above has been narrated by the complainant on affidavit and there is no counter version of facts asserted by the complainant hence we have no option but to rely on facts asserted by the complainant which has been narrated above in brief.

For the discussion made above, it is crystal clear that despite deposit of Rs. 33,600/- with opposite parties the complainant was not able to appear in B.Pharma examination of session 2009-2010 due to non issuance of admit card by the opposite parties.

In or opinion by doing so the opposite parties have committed gross deficiency in service.

Therefore, we direct the opposite parties jointly and severally to return Rs. 33,600/- ( Rs. Thrity Three thousand Six Hundred only ) which has been paid by the complainant towards admission charge etc. within a period of two months from the date of receipt of this order failing which the opposite parties will have to pay an interest @ 12% on Rs. 33,600/- ( Rs. Thrity Three thousand Six Hundred only ) till its final payment.

Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.

Accordingly this complaint stands allowed to the extent referred above.

                             Member                                                                              President