Shri B. Mukhopadhyay, President.   

This is an application u/s.12 of the C.P. Act, 1986.

            In present complaint complainant’s allegation is that her daughter after completion of Higher Secondary Examination and also getting a moderate rank in the Joint Entrance Examination – 2009 being convinced and assured of getting a good education and training by the respondents, admitted in the Civil Engineering of OPs College and initial payment of Rs.49.825/- was made in between the period from 02-08-2009 to 05-08-2009.

            Subsequently, complainant with a hope to admit her daughter in a good Government College and Institution applied for in different colleges and/or institution and ultimately, her daughter got a chance and was selected in A.P.C. Ray Polytechnic at Jadavpur, Kolkata in Computer Engineering first year.

            Thereafter, complainant submitted an application on 06-07-2009 for cancellation of the said admission through a letter of complainant’s daughter and prayed for refund of the said money deposited on account of admission and OPs assured and confirmed that matter shall be considered and refund shall be made and for which complainant met the OPs on 28-08-2009 and as per the request of the OPs complainant submitted an application for releasing the said money on account payee cheque in his favour as his daughter has no separate bank account.  Thereafter, complainant met several times and further wrote a letter on 06-11-2009 which were received by the OPs but even after lapse of 10 months actually OPs did not respond for which complainant was compelled to file this complaint for refund of Rs.49,825/- with interest and compensation.

            Whereas OPs by filing written statement submitted that the entire allegation is false and further submitted that Anindita Ghosh, complainant No.2 deposited Rs.49,325/- in different dates as she was selected by the West Bengal Joint Entrance Board of Examination and his name was referred for which she took admission in the said course in this college.  It is further submitted that out of Rs.49,325/- 5 heads 1) Admission Fee Rs.3,000/-, 2) Library Fee Rs.1,000/-, 3) Development Fee Rs.5,000/-, 4) Uniform Fee Rs.300/- , 5)Prospectus Fee Rs.1,500/-, 6)Spot Booking Fee Rs.10,000/- and 7) Fees Book Rs.25/- are not refundable.  And so, above total Rs.7,500/- out of Rs.49,325/- is not refundable.  Another factor is that mere writing the letters without going through the basic principle, criteria and norms and standard of refund and claiming the refund of entire amount cannot serve the purpose when complainants themselves for their own benefit left the college and there was no laches on the part of the OPs and other allegations are completely false and fabricated and fact remains it was submitted that OPs instructed the complainant to take matter with corporate office of the OPs for refund because process of refund is taken by the head of the institute and action was taken at head office on the basis on such recommendation of the head of the institute and not otherwise because all records of the students are kept in the college campus and it is submitted that Camellia School of Engineering & Technology is an eminent College of Engineering Education promoting and encouraging the desired students.  So, there is no deficiency on the part of the OPs for which the complaint shall be dismissed.

Decision with Reasons

On overall study of the complaint and vital part of the complaint at page 5 para 8 it is found that complainant’s daughter for her own choice went to Government College  A.P.C. Ray Polytechnic, Kolkata, but fact remains this college did not insist her to admit on the ground as per counselling of the West Bengal Board of Joint Entrance Examination the college was allowed to receive its candidates as per financial year as per its subject and at the time of allotment.  Allotment fees is collected by the college when her name is selected by West Bengal Board of Joint Entrance Examination then it is proved the OPs never allured the complainant’s daughter to admit her which was made as per selection letter of the West Bengal Board of Joint Entrance Examination, 2009.  Then it is clear that she was admitted as per selection made by the counselling by the WBJEE 2009 and for which we are confirmed there was no allurement on the part of the OP for admission of her daughter and her daughter was admitted after getting her choice-able subject, being selected by the counselling of WBJEE, 2009.  Accordingly she was admitted and no doubt it is to be mentioned that complainant’s daughter did not continue her course for some reasons or otherwise leaving the course she was admitted to Diploma course at A.P.C. Ray Polytechnic College.  No doubt it is surprising that complainant’s daughter was admitted to B. Tech Degree Course in this college.  Thereafter, she again admitted to Diploma Course at A.P.C. Ray Polytechnic College.  No doubt it is surprising that complainant’s daughter was admitted to B. Tech Degree Course in this college, thereafter, she again admitted to diploma course at A.P.C. Ray Polytechnic College but that matter was not informed them.  So there was no laches on the part of the OP for leaving this plan by the complainant’s daughter but it is proved for some purpose complainant’s daughter did not continue this college because Government College’s diploma engineering course fee is very low.

            No doubt the purpose of filing this complaint is only to realize the entire amount but the allegation as made by the complainant is completely false, fabricated and there was no laches on the part of the OPs and moreover complainant has failed to prove by any cogent evidence that that were allured by the OP for which they got admission.

            In the light of the above observation we are convinced to hold that undisputed fact is that complainant’s daughter was admitted as per counseling of the WBJEE and complainant discontinued her status in this college for her own accord.  But fact remains complainant deposited Rs.49,325/- but not Rs.49,825/-.  It is evident from Annexure – C Page 19 that Anindita Ghosh, daughter of the complainant wrote a letter stating that she was admitted in the present college but she was sorry to state that she would not be able to start her class, due to unavoidable circumstances but it was not disclosed that she was already admitted to diploma course of A.P.C. Ray Polytechnic College and that prayer is made on 07-08-2009 and no doubt she was admitted on 05-08-2009.  That means two days after admission she prayed for cancellation of his admission and fact remains at that time classes were not started at Engineering College.  In the above circumstances, we find that out of total amount complainant is entitled to refund only Rs.40,000/- but no other amount and no compensation in view of the fact that this complainant did not disclose the reasons for cancellation of her admission in the present Engineering College.  Another factor is that after admission no seat against admitted student can be filled up by further counseling but only in respective vacant seats where no admission was made further counselling is made by the WBJEE and no doubt OP’s Institute suffered a lot and for which no compensation is awarded in this case but only we can direct the OPs to refund a sum of Rs.40,000/-.  In this regard Hon’ble Apex Court has already observed if any student without any allegation against the institution withdraw himself or herself from any course after admission he is not entitled to any compensation or total amount but out of that non-refundable amount shall be deducted including service charge etc. and adopting that observation of the Supreme Court in different ruling we are allowing this application by directing the OP to issue a cheque of Rs.40,000/- in favour of the complainant Anindita Ghosh, complainant No.2.  in fact, this complaint succeeds in part.

Hence,

Ordered

That the complaint be and the same is allowed in part with a cost of Rs.500/- against the OP.

            OPs are to pay a sum of Rs.40,000/-(Rupees Forty thousand only) in the name of the OP2, Anindita Ghosh by issuing that demand draft or pay order of any bank and sent it to the address of the complaint by registered post with A/D or speed post and in all respect the OPs shall have to comply this order within 45 (Forty-five) days of the order failing which each days delay a sum of Rs.200/-(Rupees Two hundred only) shall be assessed till full satisfaction of the decree and if it is collected it shall be deposited to State Consumer Welfare Fund.

Repeated disobeyance of the Forum’s order even penal proceedings may be started against the OPs for which they shall be liable.