Complainant by filing this complaint has submitted that complainant for higher study took admission in the op institution for completion of his degree course in B. Tech and took admission in the said College of the op and at the time of admission, he made payment of Rs. 43,300/- on 11.08.2008 for half yearly on proportionate basis for the said course and in total he paid Rs. 1,90,803/- for admission including other purpose.

          Fact remains that op received caution money of Rs. 5,000/- as well as token money of Rs. 5,000/- which was taken by the op at the time of admission towards book bank and Rs. 6,000/- was taken for giving professional training by the op but no professional training was given or arranged by the op and in the meantime complainant passed his B. Tech Degree from the op’s institute and complainant prayed for refund of that caution money of Rs. 5,000/-, book bank deposited of Rs. 5,000/- and Rs. 6,000/- for professional training which was not given and in fact op issued clearance certificate to the complainant but has not paid that amount.  Complainant again and again claimed the said amount to the op but op refused to pay and for which the complainant has been suffering much and prayed for redressal.

          Whereas op by filing written statement submitted that op is a private engineering college approved by AICTE with due affiliation from WBUT.  But it is specifically mentioned that the institute will refund Caution Money of Rs. 5,000/- and Rs. 5,000/- for Book Bank Deposit.  But charges for professional training had taken only to train for future and effectiveness and professional training will be provided only in future after qualifying the course and it is not at all refundable.  Otherwise this complaint is not maintainable and in fact college authority (op) always ready to pay that Rs. 10,000/- but complainant did not receive it and only for the purpose of harassing this institute, complainant has filed this complaint.  So, same should be dismissed but complainant may receive Rs. 10,000/- by filing such application and submitted that the entire complaint is not maintainable.

Decision with reasons

          On careful consideration of the complaint and written version and also considering the entire materials on record, we find that op has admitted that they are ready to refund Caution Money of Rs. 5,000/- and Rs. 5,000/- for Book Bank Deposit.  So, invariably the complainant is entitled to get it.

          But dispute is in respect of charges for professional training and project fees.  But considering the admission of the op that training will be given after qualifying the course and complainant must have to take such training when the amount has already been taken by the op.  But as because complainant did not take such training for which it must not be refunded.

          Fact remains that op has tried to convince that no doubt the complainant cleared his degree and passed out from the college.  But truth is that there is no document to show that at any time that op reported to the complainant to attend such professional training course and project.  So, invariably that amount also should be handed over to the student when no such professional training and project has been provided to the complainant as yet.

          In view of the above facts without considering any other matter, we are directing the op to release the sum of Rs. 16,000/- and to pay the same at once without any further delay to the present complainant and practically this order is passed on the admission of the complainant partly in respect of Rs. 10,000/- and about deposit of Rs. 6,000/-, we are sure that complainant is entitled to get the same in view of the fact that the op/college has not provided any such training oriented course.  So, there is no necessity to return that amount.

          In this context it is to be mentioned that professional training and project must be provided to the student after completion of the course and before publication of the final result and in all the private colleges this is the procedure and present op cannot be an exceptional college in this regard outside that rules and most probably the plea as taken by the op in this regard that is regarding non-payment of Rs. 6,000/- which was taken by the op against charges for professional training and project is groundless.

          Accordingly we are allowing this complaint without any cost in view of the fact that the complainant did not receive Rs. 10,000/- as Caution Money, Book Bank Deposit etc. though op agreed to pay this amount and practically this dispute should not be entertained by this Forum.  But considering the written version and the fate of the student and also their cry, we are allowing this complaint without any cost directing the op to be more moral, honest social and student lover in future to consider students’ cry judiciously and effectively.

          Hence, it is

ORDERED

          That the complaint be and the same is allowed on contest against the op but without any cost.

          Op is hereby directed to handover of Rs. 16,000/- to the complainant within one month from the date of this order and without any harassment failing which penal action shall be started against them op for which op shall be prosecuted u/s 27 of C.P. Act 1986 for which op shall be liable for that.