Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.09.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the amount of Rs. 83,900/- ( Rs. Eighty Three Thousand Nine Hundred only ) along with 18% interest.
- To direct the opposite parties to pay Rs. 1,00,000/- ( Rs. One Lakh only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
It has been asserted by the complainant that as per assurance of opposite party no. 3 the complainant filled the application form in prescribed manner for taking admission in opposite party no. 1 and she received a letter dated 29.07.2012 vide annexure – 1 that she has been provisionally admitted in B. Tech programme in DIT of Engineering in CSE branch for session – 2012-13. Thereafter the complainant paid the amount of Rs. 25,000/- for which the receipt no. 2609 dated 29.07.2012 issued by opposite party no. 1 has been provided to the complainant vide annexure – 1 and 2. The complainant on 03.08.2012 submitted a Demand Draft vide annexure – 3 D.D. no. 158487 on the direction of the concerned staff of opposite party no. 1 as will appear from annexure – 3.
The grievance of the complainant is that the complainant was not provided facility as per assurance given by opposite party no. 2 and 3 and then she was physically and mentally tortured by the other students of the said institute. She made a complaint to opposite party no. 2 but no step was taken by him and she was discriminated and neglected by staff of the institute and no medical attention was provided to her when she felt pain in her abdomen. The complainant consulted the General physician who after thorough check up advised her to rest for a week but there was no improvement then she contacted her family Doctor who prescribed some medicine and advised her guardian to take care of her. In aforesaid circumstances it was not possible for her to continue in that institute and as such vide annexure – 4 she requested the authority i.e. opposite party no. 3 to return her tution fees i.e. Rs. 1,15,100/-. She has contacted opposite party no. 2 several times for redressal of her grievance.
It is further case of the complainant that a cheque bearing no. 146368 dated 12.10.2012 for Rs. 31,200/- was issued in favour of complainant vide annexure – 5. The complainant sent an application to opposite party no. 2 requesting him to return the rest amount i.e. 83,900/- which is still pending with the institute. Thereafter she filed a complaint to director Mahamaya Technical University but nothing happened thereafter complainant requested the different authorities as will appear from annexure – 8 and 9. The complainant has annexed a public notice issued from the office of AICT in which it is stated that entire fee collected from the student after deduction of Rs. 1,000/- will be refunded by the institute after withdrawing from the institution. The complainant has asserted that uptill now the rest amount of Rs. 83,900/- has not been returned to her as per direction of AICT containing annexure – 10.
From record it further appears that when the registered notice sent to opposite parties did not returned unserved then vide order dated 12.11.2014 Tamila was declared valid.
It is needless to say that as there is no counter version of the facts asserted by the complainant on oath hence we have no option but to accept the facts stated in complaint petition because the opposite parties have not filed any written statement.
Apart from it, from perusal of annexure – 10 it appears that the opposite parties were bound to return the entire fees deposited by the student after deducting Rs. 1,000/- incase the student withdrawn from any institute.
In view of the facts stated above that by not returning the fees amount after deducting Rs. 1,000/- to the complainant the opposite parties have committed gross deficiency.
For the discussion made above we direct the opposite parties to return Rs. 83,900/- ( Rs. Eighty Three Thousand Nine Hundred only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay an interest @ 10% on the said amount i.e. Rs. 83,900/- ( Rs. Eighty Three Thousand Nine Hundred only ) till its final payment.
Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly, this complaint petition stands allowed to extent referred above.
Member President
