Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 19.11.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the remaining amount of Rs. 59,000/- along with 18% interest.
- To direct the opposite parties to pay Rs. 50,000/- as compensation.
- To direct the opposite parties to pay Rs. 10,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that opposite party no. 1 is engaged in imparting education to the students for preparation for IIT/JEE course. The complainant took admission with opposite party after paying the amount of Rs. 1,10,000/- under various head as will appear from annexure – 1. The complainant discharged all his liabilities and rule did not authorized the opposite party to close the center without completing course of the S.K. Puri Center, Patna. When the center was closed, the complainant requested to refund the amount of Rs. 1,10,000/- and the complainant’s father received the letter along with refund form. The aforesaid letter was issued by opposite party no. 1. The aforesaid letter has been annexed as annexure – 2. The complainant thereafter sent a duly filled refund claim form to opposite party no. 2 through proper channel and thereafter opposite party no. 2 issued a letter contained in annexure – 3 with a cheque bearing no. 658630 dated 13.09.2012 for Rs. 31,000/- in favour of complainant. Thereafter complainant sent a letter contained in annexure – 4 to the opposite party praying to refund the remaining amount through cheque within 15 days. Again complainant sent a letter contained in annexure – 5 stating therein that as the center of Patna Branch was closed last year and he has received only Rs. 31,000/- hence the remaining amount must be paid to the complainant within 7 days.
The grievance of the complainant is that the remaining amount of Rs. 59,000/- has not been returned by the opposite parties although the institute of Patna center of opposite party no. 1 was closed mid way without any information and without completing the course of the complainant.
From the record it appears that at the request of the complainant the name of opposite party no. 3 has been deleted and as the registered notice sent to the opposite party no. 1 and 2 did not return unserved then vide order dated 25.05.2015 valid Tamila was declared. Thereafter sufficient opportunity was allowed to the opposite parties to file written statement but when the opposite parties neither appeared nor filed written statement then this case was heard ex – parte.
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From bare perusal of complaint petition it appears that as all the facts stated above has been stated on oath and there is no counter version of the opposite parties hence we are bound to accept the fact stated in the complaint petition which clearly disclose deficiency on the part of opposite parties.
For the reason stated above we direct opposite party no. 1 and 2 to refund the remaining amount of Rs. 59,000/- ( Rs. Fifty Nine Thousand only) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party no. 1 and 2 will pay 10% interest on the above said amount of Rs. 59,000/- ( Rs. Fifty Nine Thousand only) till its final payment.
Opposite party no. 1 and 2 are further directed to pay Rs. 10,000/- (Rs. Ten Thousand only) to the complainant by way of compensation and litigation cost within the period of two month.
Accordingly, this complaint stands allowed to the extent referred above.
Member Member(F) President
