The Complainant has filed this complaint against the O.P.under section 35 of the Consumer Protection Act 2019 and praying for following Order / Relief :-
- Direction against the O.P. to pay the Complainant a sum of Rs. 13,000/- (Rupees Thirteen Thousand Only) along with interest @ 12 % p.a. from 1st July 2021 to till making payment towards refund of the caution money paid at the time of admission.
- Direction against the O.P. to pay the Complainant a sum of Rs. 40,000/- (Rupees Forty Thousand Only) for mantel agony and harassment.
- Direction against the O.P. to pay the Complainant a sum of Rs. 10,000/- (Rupees Ten Thousand Only) towards cost of litigation. Total claim amount is of Rs. 63,000/- (Rupees Sixty Three Thousand Only)
The case of the Complainant in brief is that, the Complainant is the resident of West Congress Para, Subhas Lane, Jalpaiguri, 735101, West Bengal and O.P. is the Engineering
College and at time of admission the College Authority declared that amount payable stricture for 2017-18 academic session and there were clearly mention that if the students are leaving with hostel then they have to pay of Rs. 13,000/- (Rupees Thirteen Thousand Only) which was fully refundable after completion of the course. The Further case is that, the Complainant paid a sum of Rs. 13,000/- (Rupees Thirteen Thousand Only) towards caution deposit along with other fees at the time of admission and after completion of his academic course the Complainant on several occasions requested the O.P. for refunding his caution money but they did not pay the same to the Complainant. Subsequently the Complainant made a Complaint against the O.P. with the help of CA & FBP, Jalpaiguri Regional Office, Notice was issued upon the O.P. vide letter No. 788/ CA & FBP / Jal dt. 21.03.2023 when the Complainant as well as the O.P. was asked to attained the Office for a tripartite meeting which would be held on 11.04.2023 at 12.30 p.m. The further case is that on that day the Complainant was present before the Mediation Officers but the O.P. was absent and in response to the letter no 788/ CA & FBP / Jal dt. 21.03.2023 the O.P. wrote a letter as they would not be able to attend the mediation rather they would settled the matter amicably after fulfilling due procedures. The further case is that on the day of mediation the Mediation Officer made a telephonic conversation with the O.P. regarding the process of refund but the O.P. expressed their incapacity to repay the caution money at that time. The further case of the Complaint is that he filed a P.L. Case on be No. 14/2023 was filed before the DCDRC Jalpaiguri and notice was issued upon both the Complainant as well as O.P. and on the date of National Lok Adalat which was held on 13.05.2023 the O.P. did not turned upon before the said Lok Adalat Bench though the Complainant was present.
Notice was issued from this Commission for the O.P. On receipt of notice the O.P.did not turned up before this Commission to contest this case. Accordingly the case is preceding ex-parte against the OP. Having heard the Complainant and on perusal of the Complaint, documents filed by the Complainant the following points are taken to be decided by this Commission.
Points for consideration
- Whether the complainant is a consumer under the provisions of Consumer Protection Act-2019 ?
- Whether the case is maintainable under the Consumer Protection Act-2019 ?
- Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
- Is the Complainant entitled to get any award / relief as prayed for as per the prayer of his Complaint?
Decision with reasons
All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.
In order to prove the case the Complainant has filed the Written Deposition in the Form of an Affidavit, Brief Notes of argument and also filed some documents by a firisti .
The Complainant during argument has stated that, the Complainant has been able to prove the case against the O.P by filing the Written Complaint , by adducing evidence and also by producing documents in support of its case. He also argued that the O.P. with a view to falsify the case of the Complainant has not appeared before this Commission. The Complainant during argument has also stated that, the Complainant has been able to prove its case by filing the Complaint where he specifically stated that at the time of his admission in the College of the OP he deposited a sum of Rs.13,000/- towards caution money along with other charges ( Documents annexed) . He also argued that the OP at the time of his admission on receiving caution money assured to refund the same to the Complainant after completion of his academic session. In support of Payment of Caution Money the Complainant has filed cash memo along with other documents before this Commission.
Having heard the Complainant and on perusal of the Written Deposition , Brief Notes of Argument , documents filed by the Complainant it reveals that , the Complainant has corroborated his Complaint in his Written Deposition. From the Annexure-II filed by the Complainant it reveals that the OP took a sum of Rs.13,000/- from the Complainant towards Caution Money . It also reveals that , the OP issued admission fees structure . The Complainant has also filed a copy of Application filed on 27/02/2023 before the Consumer Affairs & FBP , DM’s Admn. Building , Jalpaiguri against the OP for refunding his Caution Money from the OP . Notice was issued from that Office vide No-788/CA& FBP / JAL dated 21/03/2023 asking the Complainant & the OP to appear before the grievance Cell on 11/04/2023 . On receipt of notice issued by the Assistant Director Consumer Affairs & Fair Business Practices , Jalpaiguri the OP did not appear on 11/04/2023 . But Dr. Gorachand Das, Director (acting) on behalf of the OP sent a letter dated 01/04/2023 addressed to the Assistant Director Consumer Affairs & Fair Business Practices , Jalpaiguri has stated that for amicable settlement the Complainant may visit their Institute . The Complainant has also filed another copy of Application addressed to the Director of the OP requesting for refunding Caution Money. From that application it clearly reflects that, the Complainant has cleared Library fees as well as Hostel charges and the administrative authority of the OP issued clearance Certificate in favour of the Complainant . But by filing this Complaint the Complainant has stated that, till today the OP did not refund the Caution Money of Rs.13,000/- to the Complainant which is nothing but the deficiency in service as well as restrictive trade practice on the part of the O.P.
Considering the unchallenged evidence of the Complainant and considering the documents filed by the Complainant I am of the view that, the Complainant has been able to prove the case against the OP .
Hence,
it is therefore,
O R D E R E D
That, the instant Consumer Case being in No. 31/2023 be and the same is allowed in part against the O.P.on ex-parte . The O.P. is directed to refund a sum of Rs. 13,000/- ( Rupees Thirteen Thousand Only) along with interest @ 9 % p.a with effect from 1st July 2021 till the date of payment to the Complainant and the OP is also directed to pay a sum of Rs. 40,000/-( Rupees Forty Thousand ) only to the Complainant towards Compensation for pain and agony suffered by the Complainant due to non refund of Caution Money and for deficiency in service and the O.P.is also directed to pay litigation cost of Rs. 5,000/- ( Rupees Five Thousand Only) to the Complainant and Rs. 10,000/- (Rupees Ten Thousand Only) in the Consumer Legal Aid Account.
The O. P. is directed to pay the above amount of money within one month from this day. Otherwise the Complainant will have the liberty to take proper steps against the O.P.as per law .
Let a copy of this order be given to parties free of costs.
