Ld. Advocate(s)
For Complainant: Amitava Chowdhury
For OP/OPs : Pradyut Kundu and Makbul Rahaman
Date of filing of the case :27.04.2018
Date of Disposal of the case :12.05.2023
Final Order / Judgment dtd.12.05.2023
Complainant above name filed the present case against the aforesaid Ops u/s 12 of Consumer Protection Act 1986 praying for direction for refund of Rs. 85,200/-, compensation amounting to Rs. 1,00,000/-, interest @ 18 per annum over aforesaid amount of Rs. 85,200/- and Rs. 25,000/- as cost of the case.
He alleged in the petition of complaint that he was selected for the course of B.Tech in Electronics and Communication Engineering Course and got admission before the OP no. 1 and paid Rs. 85,200/-.
Subsequently, he got chance in another Engineering Collage which was near to is home town.
He took admission there. He immediately, informed the OP no. 1 to cancel his provisional admission on 28.07.2007 and requested him to refund the admission fees but he did not return the same.
OP no. 1 and 2 contest the case by filing W/V.
They denied the entire allegation of the complaint.
They stated in Para 19 that complainant paid Rs. 85,200/- and said amount is disbursed in segment i.e admission fees Rs. 5,000/-, tuition fees Rs. 44,000/-, Library cum Book bank fees Rs. 6,000/-, Student welfare and sports and game fees Rs. 4,000/-, Project and seminar fees Rs. 8,000/-, Caution money deposited Rs. 10,000/-, Application form Rs. 1,600/-, uniform fee Rs. 4,000/-, WBUT development fee 2,200/-. WBUT Registration fee Rs. 400/-i.e total 85,200/-.
He stated in para 21 that uniform was supplied to the complainant valued of Rs. 4,000/- and same in not refundable. WBUT registration and development fee amounting to Rs. 2,400/- and Rs. 400/- are not refunded. Cost of application fees amounting to Rs. 16,000/- is not refundable.
They further stated that a sum of Rs. 77,000/- can be refunded to the complainant if Hon’ble Commission issued such direction.
Pro-OP i.e OP no. 3 contests the case by filing W/V. He denied the entire allegation and prayed for dismissal of the case.
Complainant did not inform him any complaint relating to aforesaid allegation. He prays for dismissal of the case.
TRIAL
During trial complainant files affidavit-in-chief. OP no. 1 and 2 files interrogatories. Complainant gave answer. Complainant files following documents.
DOCUMETNS
- one receipt copy (original).
- One Xerox copy of letter issued by Diptopal Bhattacharya addressed to The Chairman, JIS Collage of Engineering dtd. 28.07.2017.
- One copy of letter issued by Diptopal Bhattacharya addressed to the Inspector of Colleges Maulana Abul Kalam Azad University of Technology dtd. 18.09.2017. (original)
- One copy of letter of issued by S.K. Maity , Inspector of College addressed to The Principal/ Director of JIS College of Engineering (College Code-123). Dtd. 10.10.2017.(original)
- One Xerox copy of notice of Maulana Abul Kalam Azad University of Technology issued by S.K. Maity, Inspector of Colleges dtd. 01.08.2017.
- One copy of letter issued by Swagata Bhattacharya addressed to The Assistant Director, Consumer Affairs and Fair Business Practices dtd. 22.08.2017. (Original).
- One Xerox copy of letter issued by Diptopal Bhattacharya addressed to The Minister In Charge Dept. Of Higher Education dtd. 18.09.2017.
- One copy of letter issued by Assistant Director Consumer Affairs & F.B.P. Nadia R.O dtd. 22.09.2017. ( original)
BNA
Complainant files BNA. OP no. 1 files BNA.
Decision with Reasons
We have carefully gone through the petition of complainant, W/V of the Ops Documents on record, affidavit-in-chief and BNA of the parties and we have carefully considered these documents.
On perusal of original receipt dtd. 12.06.2017 we find that complainant took admission under OP no. 1 and on that time he paid Rs. 85,200/- and OP no. 1 issued said receipt.
In the said receipt there is no break up figure as per the contention of the OP no. 1 and 2 which they mentioned in Para 19 of their W/V.
Accordingly, we find that OP no.1 OP no. 2 did not collect the aforesaid money on different heads.
Accordingly we find that OP no. 1 took Rs. 85,200/- for the admission of the complainant in his college on 12.06.2017 in B.Tech , ECEC.
On perusal of the letter dtd. 28.07.2017 we find that complainant prayed for refund of 85,200/- which he deposited before the OP no. 1.
On perusal of the letter dtd. 18.09.2017 we find that complainant prayed for refund of amount of Rs. 85,200/- which he deposited before the OP no 1 and he filed the said letter to Inspector of College, Maulana Abdul Kalam Azad University of Technology.
Inspector of college forwarded the said letter to the OP no. 1 and 2 along with copy of circular issued by Maulana Abdul Kalam Azad University of Technology vide no. 1880/IC/107/17 dtd. 1.08.2017.
On perusal of the said document we find that if any student withdrawing his admission before starting of the course the entire fee collected from the student, after deduction of proceeding fees of not more than Rs,1,000/- shall be refunded by the office.
Accordingly, it is clear before us that as per aforesaid circular complainant is entitled to refund of Rs. 85,200/- - Rs.1000/- = Rs. 84,200/-.
Having regard to the aforesaid discussion we are of the firm view that complainant is entitled to Rs. 84,200/- from the OP no. 1 and 2.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against OP no.1-3 with cost of Rs.3,000/- to be paid by OP no. 1 and 2 in favoure of the complainant.
OP no. 1 and 2 jointly or severally are directed to refund Rs. 84,200/- in favour of the complainant along with interest @ 9 per annum from 28.07.2017 to till date of actual payment within the one month from this date failing which complainant shall have liberty to put this order into execution.
OP no. 1 and 2 are further directed to pay Rs. 10,000/- as compensation in fovour of the complainant for his harassment, mental paid and agony.
Let a copy of this order be supplied to the parties as free of cost.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We, concur,
........................................ ……………………………………….
MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) ( MILLIKA SAMADDAR)
