Order No. 15 Dated 13-05-2014.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant is a school teacher and his son Sri Debajyoti Bondyopadhyaya passed Higher Secondary Examination in the year 2009 and intended to study MBBS course in any medical college for the session 2010-11. On or about 20.5.10 on the way to Kolkata an unknown person distributed pamphlet in the name of Vinayaka Consultancy Pvt. Ltd. (o.p) offering service for making arrangement for admission of the students in the MBBS course in any private medical college outside West Bengal under management quota. O.p. also published similar type of advertisement in the daily newspaper at that time.
On or about 21.5.10 in response to the aforesaid advertisement complainant contacted over phone, number of which was mentioned in the said pamphlet, when o.p. himself asked the complainant to meet him at his consultancy office at 59, Jodhpur Gardens, Prince Anwar Shah Road, Kolkata-45 for making necessary agreement. On or about 28.5.10 complainant went to the consultancy office of o.p. when he offered the service for making arrangement for admission of the son of the complainant in MBBS course at Nashik District Maratha Vidya Prasarak Samaj’s Medical College (in short NDMVPS Medical College) in the session 2010-11 of consideration money of Rs.4 lakhs (annex-C2). O.p. also make an agreement on a stamp paper to that effect and the complainant paid Rs.1 lakh by a cheque no.28238 on UBI, Daspur Branch. It was agreed that balance Rs.3 lakhs would be paid by 6.6.10.
On or about 30.5.10 o.p. returned the said cheque of Rs.1 lakh saying that the cheque was out station and the same could not be encashed immediately. O.p. asked the complainant to pay the entire agreed amount of Rs.4 lakhs in cash. On or about 6.6.10 complainant went to the office of o.p. and paid Rs.4 lakhs in cash and o.p. gave a fresh receipt for such payment. Complainant arranged Rs.2,60,000/- and paid the said amount on 28.9.10, o.p. refused to issue any receipt but acknowledged the receipt of the amount by sending message at 05-55 p.m. on 28.9.10.
O.p. thereafter informed several date to go to Pandichery for taking admission of the son of the complainant and also cancelled the said dates on different pretext. O.p. finally failed to make any arrangement for admission of the son of the complainant in any medical college. On demand o.p. then gave a post dated cheque no.004695 dt.18.11.10 for Rs.6 lakhs on ICICI Bank, Alipore Branch which was bounced twice for want of fund. Complainant then issued a lawyer’s notice dt.16.5.11 by regd. post to o.p. demanding refund of the amount. But o.p. did not pay any heed to it. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. did not contest this by filing w/v and matter was heard ex parte against the o.p.
Decision with reasons:
In view of the findings above and on perusal of the entire materials on record we find that complainant has proved his case and the contentions of the complainant has not been rebutted by o.p. as o.p. did not contest this case. Further we hold that the o.p. had sufficient deficiencies being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.p. O.p. is directed to refund the consideration money of Rs.6,60,000/- (Rupees six lakhs sixty thousand) only to the complainant and is further directed to pay compensation of Rs.75,000/- (Rupees seventy five thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
