JUDGEMENT

          Complainant by filing this complaint has submitted that on 02.08.2013 he was admitted to the op’s college by depositing Rs. 63,600/- and Rs. 500/- as donation and on 09.08.2013 he expressed to the College Registrar that it was not possible for him to continue the study for which he prayed for return back of the entire amount as deposited as admission fee etc.  When Registrar reported him to meet after one month and accordingly complainant met with Registrar on 11.09.2013 when Registrar reported that admission fee etc cannot be returned but asked the complainant to file an application if it would be considered by the college authority.  Thereafter complainant went to the op’s office again and again but they did not refund and ultimately he was given away by the op and subsequently on 22.01.2014 it was reported by one gentleman Mr. Saha of the office that refund matter has already been disposed of and further refund cannot be given.  Thereafter complainant reported the matter to Consumer Forum, Barasat Office wherefrom he was instructed to file this complaint before this Forum for refund of the said amount.

          On the other hand op appeared and submitted written statement stating that it is a self-financing institution approved by AICTE and affiliated by WBUT and intimation of withdrawal received after closing of student admission and even after commencing of class and complainant submitted withdrawal on 11.09.2013 that is after commencement of class on and from 20.08.2013 and it is submitted by the op that the said boy Sukhendu Halder did not attend any class from 20.08.2013 to 30.10.2013 and practically college has no fault in this regard or deficiency of service and in fact as per college admission rules no one of student is admitted for semester and for his own fault he does not continue, in that case same cannot be refunded and for which the complaint should be dismissed.

                                                         Decision with reasons

          After considering the complaint and written version including the receipt of payment of Rs. 63,600/- by the complainant and also considering that receipt dated 07.08.2013, it is found that complainant was admitted to first year civil engineering having his roll no. 017 and out of that total amount Rs. 10,000/- was deposited as caution deposit, Rs. 1,000/- as library fees, Rs. 1,000/- for students’ development fees, Rs. 600/- for ERP, Rs. 1,500/- for prospectus and Rs. 6,000/- for soft skill whereas tution fees was taken to the tune of Rs. 38,500/-.

          Fact remains complainant filed application for refund of money on 11.09.2013 whereas he was admitted on 02.08.2013 and college session commenced on and from 20.08.2013.  So, it is clear that just before starting the session, complainant did not report for refund back of amount and fact remains that there is no fault on the part of the op in this regard.  But it is complainant’s claim that he wants to get back certain amount because he never attended any class, but we have gathered that the complainant had been admitted to some other college leaving this institute by suppressing the fact.  Whatever it may be we have gathered from the said receipt that complainant is entitled to caution deposit of Rs. 10,000/-, library fees of Rs. 1,000/- and Rs. 1,500/- as prospectus which is completely uncalled for and complainant is entitled to get back Rs. 6,000/- for soft skill as complainant never attended any class in this college.  So, question of soft skill does not arise.  So, complainant is entitled no doubt to get back Rs. 18,500/- from the said head that is caution deposit, library fees, so called prospectus fees and soft skill fees from the op.

          Now question is whether complainant is entitled to get back the entire tution fees of Rs. 38,500/-, in this regard we have gathered that in view of the fact he admitted himself at his own will but did not attend college and subsequently changed his mind to read somewhere where he has been continuinghis studies.  But truth is that complainant did not attend any class, did not use any apperatus of the college administration or never enjoyed any avenues or facilities of the college.  So, considering that fact we find that out of the tution fees Rs. 20,000/- should be returned by the op to the complainant and even after that college will not face any loss. 

          So considering all the above fact and for not enjoying any facilities of the college even after admission and also not for attending any class, op authority shall have to return Rs. 38,500/- to complainant who never attended any class and never enjoyed any facilities of the college, not even used any article of the college.  So, college authority ought to have returned or refunded Rs. 38,500/- out of Rs. 63,500/- when in some other cases prior to starting of the college refunded the same to some other students and in the present case op ought to have followed the same.

          In view of the above fact and circumstances, op is directed to refund of Rs. 38,500/- out of total deposit of Rs. 63,500/- to the complainant within one month from the date of this order and practically balance amount shall be in the custody of the op and it is no doubt a benefit of op because this student did not enjoy any class, did not use any article of the college and practically he did not enter into the college.  So, for the fault of the complainant, complainant is bound to face loss of Rs. 25,100/- and that has become a capital of the college.

          In the result, the complaint succeeds in part.

          Hence, it is

                                                               ORDERED

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

          Op is directed to refund of Rs. 38,500/- to the complainant within one month from the date of this order out of total deposit of Rs. 63,500/- and in fact the balance amount of Rs. 25,100/- shall be the capital of the ops for the laches of the complainant.

          Ops are directed to comply the order very strictly failing which for disobeyance of the Forum’s order, penal interest @ Rs. 50/- per day shall be assessed for non-compliance and disobeyance of the Forum’s order till full satisfaction of the decree and if it is collected, same shall be deposited to this Forum.

          If ops even after that disobey and violate the Forum’s order in that case criminal proceeding u/s 27 of C.P. Act 1986 shall be started for which they shall be liable for that.