DATE OF FILING                    :           08-10-2012.

DATE OF S/R                            :         19-11-2012.

DATE OF FINAL ORDER      :           05-04-2013.

Abhijit Das,

son of Goutam Das

of B/331, B.P. Township, P.S. Patuli,

Kolkata – 700094.  ---------------------------------------------------- COMPLAINANT.

Versus   -

Calcutta Institute of Technology,

Banitabla, Uluberia,

Howrah – 711316,

having its City Office at

Shuvam Plaza, 83/1, Beleghata Main Road,

Howrah – 700010.

The  Director,

Calcutta Institue of Technology, Banitabla,

Uluberia, Howrah – 711316.

The Principal

of Calcutta Institute of Technology, Banitabla,

Uluberia,

Howrah – 711316. ---------------------------------------------OPPOSITE PARTIES.

P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

F  I   N   A    L       O   R   D    E     R

Complainant, Sri Abijit Das, by filing a petition U/S 12 of the C.P. Act, 1986

has prayed for a direction to be given upon the O.Ps. to refund the course fee for the first semestar being Rs. 51,750/- along with 12% interst, to pay an amount of Rs. 1,00,000/- as compensation for causing mental and physical harassment together with the litigation cost and other reliefs as the Forum may deem fit and proper.

Brief fact of the case is that complainant took admission with the O.P. no. 1 for

imparting ECE Course on payment of Rs. 51,750/- on 19-07-2011 vide annexure money receipts. The classes started by 16-08-2011 and continued till 25-08-2011. Suddenly on 26-08-2011, the petitioner and some of his batchmates came across an unwanted situation

when the pass-out students of O.P. no. 1 called for a strike on the ground that the recruitment process through campassing conducted by O.P. no. 1 was absolutely l false and none of them was recruited through that campassing. The said strike continued for more than a week. Everyday he went to the college but had to come back without attending any class. Even the petitioner and his classmates were some times locked inside the class rooms by those passed-out protesting students and no body either from office staff or members of teaching staff came for their rescue. All these unhappy incidents started damaging the petitioner’s moral and mental strength to complete the course and to get estsablished in his career. Further, he alleged that immediately after overcoming this situation, as soon as classes started, staff and professors of O.P. no. 1 suspended the classes demanding the enhancement of their respective salaries etc. and that also continued for few says. As, the petitioner had to travel a long way from his residence to Uluberia, to attend the classes, he became sick seriously and his local doctor also advised him to take bed rest. So, the petitioner and his father went to meet O.P. nos. 2 & 3 and discussed with them in details with a request to refund the entire deposited amount of Rs. 5,170/- so that the petitioner could take admission in another institution which required a lot of money. But O.P. nos. 2 & 3 refused to refund the same. So, on 24-09-2011, petitioner’s father sent a letter with the same request as there was every possibility for that vancant seat to be filled up. Even the petitioner’s name was not sent to University for registration by them. And on the instruction of O.P. nos. 2 & 3, complainant submitted the same letter to their city office of O.P. no. 1 on 21-11-2011 and at that time, his original money receipts were taken back by them vide xerox copy of the letter annexed.   Thereafter, complainant went on making requests to O.Ps. to refund the money but all went in vain and in this way he lost one academic year. Even petitioner’s father sought for help from  Directorate, Technical Education, Government of West Bengal, who also sent one letter dated 24-05-2012 to O.P. no. 2  vide annexure asking him to resolve the matter sympathically on humanitarian ground. But till the filing of this case, O.Ps. neither settled the matter nor refund the entire sum. Being frustrated and finding no other alternative, complainant filed this instant petition praying for above mentioned reliefs.  

Notices were served upon the O.Ps. O.Ps. appeared and filed written version.

And the case was heard in presence of both parties.

Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

Both the points are  taken up together for consideration. We have carefully 

gone through the written version along with documents filed by the O.Ps. and noted its contents. O.Ps. have contended interalia that complainant had submitted his withdrawal

application on 24-09-2011 whereas the last date of admission for the academic session in ECE Course was on 31-08-2011, one computer generated annexure is filed. And there was no scope for that vacant seat to be filled up. It is also denied and disputed by them that there was any strike or suspension of classes in that course during that academic year.  And after receiving the withdrawl letter on 24-09-2011, O.Ps. also wrote to Director of Technical Education on 27-02-2012  seeking his instruction in this regard. And Director Technical Education sent a letter on 24-05-2012 asking them to resolve the matter on humenitarian ground. And on 31-07-2012, O.Ps. issued cheque amounting to Rs. 12,750/- in favour of the complainant which was never collected by him but he moved before this Forum. Here at this juncture, we are quite surprised to see the O.Ps. level of thinking on ‘humenitarian ground’. A student, better to say an unfortunate student, who took admission with all hopes to complete his studies and to get established as an engineer, was bound to quit within a very few days of his admission  due to O.Ps.’ internal problem for which petitioner was no way  responsible. When complaint first submitted his withdrawal letter on 24-09-2011, O.Ps. sought for instruction from Director, Technical Education only on 27-02-2012, after a lapse of five long months, which is enough to damage a student’s career. This  was an issue before them which was required to be given utmost importance. But O.Ps. failed to discharge their duties towards a student who is going to be an engineer in near future. Students are the future of the nation. Nobody should be allowed to play with their emotion and career. O.Ps. are running an educational institution which they should keep in kind simply, they should not become trader of household goods, who are concerned about their profit making only. It is not at all a luxury on the part of the complainant that leaving aside his studies he would spend his valuable time by filing a vexatious case before this  Forum. When O.Ps. took entire payment for first semestar, first semestar should have been continued uninterruptedly. But in reality it did not happen. And due to their negligence, a student lost his valuable one academic year for which he must be compensated by O.Ps. Accordingly, the case succeeds on merit.     

                Hence,

O     R     D      E      R      E        D

                That the C. C. Case No. 133 of 2012 ( HDF  133 of 2012 )  be  allowed on contest with  costs  against  the O.P. 

                That the  O.Ps. are jointly and severally directed to refund Rs. 51,750/- to the complainant.

                That the O.Ps. are further directed to pay compensation of Rs. 50,000/- and litigation costs of Rs. 10,000/-

                That the O.Ps. are directed to pay the entire amount of  Rs. 1,11,750/- within one month from this order i.d. the entire amount shall carry an interest @ 10% p.a. till full realisation.  

                The complainants are at liberty to put the decree into execution after expiry of the appeal period.

                Supply the copies of the order to the parties, as per rule.