DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No.43 of 2023.
Date of hearing : 04.06.2024.
Date of order : 16.07.2024.
Dated the 16th day of July 2024.
Sri Anshuman Nayak, aged about 19 years,
S/o:- Sri Alok Kumar Nayak, Vill:- Charampa,
Po:-Charampa, P.S:- Bhadrak(T), Dist:- Bhadrak, Odisha,
Pin- 756101, Mob:- 8280108911 & 9437264501.
. . . . . Complainant.
Vrs.
1. Chairman, Silicon Institute of Technology, Silicon Hills,
Near DLF Cyber City, Patia, Bhubaneswar-751024 (Odisha).
2. Director, Silicon Institute of Technology, Silicon Hills,
Near DLF Cyber City, Patia, Bhubaneswar-751024 (Odisha).
3. Dean, Silicon Institute of Technology, Silicon Hills,
Near DLF Cyber City, Patia, Bhubaneswar-751024 (Odisha).
. . . . Opp. Parties.
P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for Complainant: Sri Lambodar Mohapatra, Advocate,
Counsel for Opp. Party: Sri Debasis Nayak, Advocate& Associates.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Parties under Consumer Protection Act, 2019.
A fact of the case is that, the complainant having keen interest to pursue B.Tech. in Computer Science Engineering and to succeed in the OJEE Entrance, had visited the institution of the O.Ps with his parents to pursue the said course as a student. O.Ps have strictly advised the complainant not to apply in any other institution to take admission for the said course. Believing the promise of the O.Ps the complainant got provisional admission in the institution on 06.08.2022 for the academic year 2022-23 by paying a sum of Rs.50,000/- & on receipt of the said admission amount, the O.Ps have provisionally admitted the complainant in their institution. Apart from the aforesaid admission amount, the O.Ps have also received Rs.450/- on 14.09.2022, Rs.1,000/- on 19.09.2022 & Rs.2,500/- on 15.10.2022 from the complainant on the plea of processing fee. In case the complainant does not get his desired branch in the counseling, the institute will confirm his branch from the quota of the institution. But during the counseling these OPs asked the complainant to take admission in EEE Branch instead of Computer Science Engineering. After hearing such thing when the complainant & his parents complained about same, the concerned admission staffs misbehaved the complainant & his parents. After being misbehaved by the staffs, the complainant & his parents met & put forth their grievance before the O.Ps but the O.Ps did not take any step to redress their grievance. In the clause portion of the provisional admission slip of the O.Ps, a clause is there wherein it is mentioned that, the advance fee amount paid by the complainant shall be returned fully to the complainant in the event of not providing a seat in the counseling process. The cunning O.Ps instead of returning the total amount of Rs.50,000/- transferred Rs.40,000/- to the bank account of the complainant’s father. Due to the breach of promise by the O.Ps the complainant has suffered a lot & seriously harassed by the O.Ps & their staffs and also has undergone serious mental agony. The complainant sent a pleader notice to the O.Ps on 14.11.2022 asking them to pay damages/ compensation of Rs.5,00,000/- for showing deficiency in service towards giving the complainant admission in their intuition. The complainant is entitled to get unpaid amount of Rs.10,000/- out of provisional admission fee amount of Rs.50,000/- & damages/compensation of Rs.5,00,000/- towards harassment & mental agony and litigation cost of Rs.50,000/- in total the complainant claims Rs.5,60,000/-. The complainant has filed the documents i.e. (1) Copy of provisional admission form (2022-23) (2) Extract of the Passbook of complainant’s father (3) Receipts showing deposit of fees (4) Copy of SMS messages from the institution of O.Ps & (5) Pleader Notice dt.14.11.2022.
The O.Ps submit that, the complainant in the complaint petition has prayed to refund of the deducted provisional admission fees of Rs.10,000/- together with compensation of Rs.5,00,000/- & cost of litigation of Rs.50,000/-. The aforesaid prayer of the complainant cannot be granted since the complainant is not a consumer and the O.Ps have not committed any deficiency in service and unfair trade practice. The complainant could not qualify the JEE counseling at the stage of document verification. His admission to the institute has been cancelled. In this respect the complainant has given a specific undertaking at the time of taking provisional admission that the O.Ps institute shall not be held responsible in case of cancellation of admission due to rejection of candidature at the time of final round of verification by the OJEE. The complainant at the time of provisional admission have given a specific declaration/undertaking that he shall not initiate any complaint/proceeding claiming monetary compensation against the institution in case of the rejection of the admission by the authority of OJEE, Govt. of Odisha, and in such process if he withdraws from admission during the admission process or last date of counseling an amount of Rs.10,000/- shall be deducted by the institute towards administrative charge & OJEE counseling fees and the rest amount shall be refundable to the complainant. The O.Ps have never committed any deficiency in service or unfair trade practice and the claim of compensation, cost of litigation & refund of the deducted amount is without any basis whatsoever. The O.Ps have filed the documents i.e. (1) Copy of the provisional admission form (Annex-A) & (2) Copy of withdrawal from the admission (Annex-B).
Having heard the rival contentions and after careful scrutiny of the case record and documents filed, this commission at the outset hold the complainant to be a consumer as he has paid consideration upon a promise of admission in his desired branch of engineering. If at all the admission of the complainant was rejected at the time of final round of verification then why these OPs returned Rs.40,000/- to the complainant? These OPs have failed to provide what they have promised and admitting that they have returned part of the consideration amount i.e. Rs.40,000/- out of the Rs.50,000/- which they have taken at the time of admission. These OPs have also taken Rs.2950/- on different dates in name of processing fees which is evinced from the pass book filed by the complainant. This amounts to unfair trade practice and deficiency in service for which the complainant needs to be compensated along with the refund.
O R D E R.
In the result, the complaint be & same is allowed. These O.Ps are directed to make refund of Rs.10,000/- along with another Rs.20,000/- towards unfair trade practice and deficiency in service and Rs.5,000/- towards litigation cost. These O.Ps are directed to pay the amount within 30 days from the date of pronouncement of this order. In the event these O.Ps fail to comply the order within the specified time, they have to pay the amount with an interest of 6% per annum till the date they actually make the payment to the complainant.
This order is pronounced in the Open Court on this the 16th day of July 2024 under my hand and seal of the Commission.
