Tripura

StateCommission

A/8/2019

The Principal, TMC & Dr.B.R.A.M Teaching Hospital - Complainant(s)

Versus

Dr.Bappaditya Roy & Dr. Raj Deb - Opp.Party(s)

Mr. Tapas Datta Majumder, Mr. Gauri Sankar Bhattacharya

15 May 2019

ORDER

Tripura State Consumer Disputes Redressal Commission, Agartala.

 

 

Case No.A.8.2019

 

 

1. The Principal,

Tripura Medical College & Dr. B.R.A.M. Teaching Hospital,

Hapania, Pin: 799014.

… … … … Appellant/Opposite Party No.1.

 

Vs

 

1. Dr. Bappaditya Roy & Dr. Raj Deb on behalf of

1^st & 2^nd Batch MBBS Students of 

TMC & Dr. B.R.A.M. Teaching Hospital.

… … … … Respondent/Complainants.

 

2. Directorate of Medical Education,

Agartala, West Tripura,

Bidurkarta Chowmuhani: 799001.

… … … … Respondent/Opposite Party No.2.

 

 

 

PRESENT

Hon’ble Mr. Justice U.B. Saha

President,

State Commission

 

 

Mr. Narayan Ch. Sharma,

Member,

State Commission

 

Dr. Chhanda Bhattacharyya,

Member,

State Commission

 

 

 

 

 

 

For the Appellant:                                             Mr. Tapas Datta Majumder, Adv.

For the Respondent No.1:                                  Absent.

For the Respondent No.2:                                  Mr. H. Sarkar, Adv.       

Date of Hearing & Delivery of Judgment:         15.05.2019.

 

J U D G M E N T [O R A L]

 

U.B. Saha, J,

 

The instant appeal is preferred against the judgment dated 12.09.2018 passed by the learned District Consumer Disputes Redressal Forum (hereinafter referred to as District Forum), West Tripura, Agartala in Case No.C.C.30 of 2018 along with an application for condoning the delay of 146 days in preferring the appeal.      

2. Heard Mr. Tapas Datta Majumder, Ld. Counsel appearing on behalf of the appellant, Tripura Medical College & Dr. B.R.A.M. Teaching Hospital (hereinafter referred to as opposite party no.1/Hospital) as well as Mr. H. Sarkar, Ld. Counsel appearing on behalf of the respondent no.2 (hereinafter referred to as opposite party no.2), Directorate of Medical Education. None appears for the respondent no.1, Dr. Bappaditya Roy and Dr. Raj Deb even after receipt of notice (hereinafter referred to as complainants).
3. Today is fixed for order on condonation petition.
4. Mr. Datta Majumder, Ld. Counsel at the outset submits that the appellant is ready to refund the caution money of Rs.25,000/- each to the complainants, namely Dr. Bappaditya Roy and Dr. Raj Deb along with some interest, but that should be lesser than the interest given by the learned District Forum.
5. In view of the above submission, we are of the considered opinion that it is a fit case to condone the delay as sought for and accordingly, the delay of 146 days is hereby condoned and the appeal is taken up for final disposal at this stage.   
6. Facts of the case are as follows:-

The complainants, Dr. Bappaditya Roy and Dr. Raj Deb were admitted in the 1^st year of MBBS course on 31.07.2007 out of the State Government quota at Tripura Medical College & Dr. B.R.A.M. Teaching Hospital i.e. the appellant herein. They deposited Rs.25,000/- each as caution money which will be returned to them after completion of the course i.e. after five years. After five years when they completed the course, the appellant-opposite party no.1, Hospital did not refund the caution money to them even after demand though they had completed their internship on 14^th February, 2013.

Being aggrieved by the action of the Hospital Authority, they wrote letter to the opposite party no.2, Director, Medical Education on 05.06.2017 also applied to the opposite party no.1, Principal, Tripura Medical College & Dr. B.R.A.M. Teaching Hospital on 05.05.2018, but they did not receive any positive answer. Hence, they have filed an application under Section 12 of the Consumer Protection Act, 1986 before the learned District Forum, West Tripura, Agartala.

7. Opposite party no.2, Director, Medical Education filed written objection denying the claim. It is stated that the complaint petition is not maintainable, more so, an Arbitration proceeding is going on GENET regarding assets and liabilities of Tripura Medical College & Dr. B.R.A.M. Teaching Hospital. Caution money of Rs.25,000/- was taken as per terms of admission, but at that time, the medical college was running under GENET. It was replaced by the Society for Tripura Medical College. Complainants are not consumer, so, they are not entitled to get any redress.
8. Complainants produced copy of application submitted to the Tripura Medical College & Dr. B.R.A.M. Teaching Hospital, money receipt in respect of payment of Rs.25,000/- each, Memorandum issued by the Director of Health Service in respect of nomination of admission of Bappaditya Roy. Complainants side had also given evidence of Bappaditya Roy, one of the complainants.
9. Opposite party no.2, Director of Medical Education produced the Bye-Law of the Medical College, Notification issued by the Secretary. Also produced the statement on affidavit of Director of Medical Education.
10. Opposite party no.1, Principal, Tripura Medical College & Dr. B.R.A.M. Teaching Hospital did not appear in the proceeding.
11. The learned District Forum after hearing the parties before it and considering the evidence on record directed both the opposite parties to refund the caution money of Rs.25,000/- along with interest @9% per annum from 2014 to 2018 till the date of payment and also compensation amounting to Rs.10,000/- each to the complainants.
12. Aggrieved by and dissatisfied with the impugned judgment, the appellant-opposite party no.1 preferred the instant appeal along with a condonation petition as stated (supra).
13. Main ground of the appeal is that, the appellant, Principal, Tripura Medical College & Dr. B.R.A.M. Teaching Hospital did not receive any notice from the learned District Forum. Thus they could not appear in the proceeding.
14. Mr. Datta Majumder, Ld. Counsel on instructions while submitting for modifying the impugned judgment would contend that the learned District Forum failed to consider that the complainants approached the learned District Forum almost after about five years. Thus the complainants have no right to claim the interest for those periods which the learned District Forum granted. Mr. Datta Majumder, Ld. Counsel in his usual fairness submits that the appellant, Principal, Tripura Medical College & Dr. B.R.A.M. Teaching Hospital is ready to refund the caution money of Rs.25,000/- each to the complainants, but the Commission should consider regarding the rate of interest allowed by the learned District Forum.
15. Mr. Sarkar, Ld. Counsel appearing for the opposite party no.2, Director, Medical Education submits that the Director, Medical Education has already instructed the opposite party no.1, Principal, T.M.C and Dr. B.R.A.M. Teaching Hospital to refund the caution money as the same is lying with the Principal of the College.  
16. As none appears for the complainants, we do not proceed ex parte against them, but examine the impugned judgment. From the impugned judgment it appears that the complainants completed their studies and went for internship in the month of February 2013 whereas, they approached the Director, Medical Education on 05.06.2017 and also applied to the Principal, T.M.C and Dr. B.R.A.M. Teaching Hospital on 05.05.2018, meaning thereby, they themselves awaited almost five years for refund of their caution money.
17. In view of the above, we are of the opinion that it would not be proper to allow interest @9% per annum from 2014 to 2018, rather it would be proper to allow the interest @6% per annum from 2014 to 05.06.2017 and we are of the further opinion that when the complainants themselves delayed to approach the Authority concerned they are not entitled to get any compensation as awarded by the learned District Forum. Accordingly, as agreed to by the appellant it is ordered that the appellant-opposite party no.1, Principal, T.M.C and Dr. B.R.A.M. Teaching Hospital shall refund the caution money of Rs.25,000/- each to the complainants along with interest @6% per annum from 2014 to 05.06.2017. If the aforesaid amount is not paid within one month, then it will carry interest @9% per annum till the date of payment.  

In the result, the appeal is partly allowed and the judgment is modified to the extent as indicated above.

Send down the records to the learned District Forum, West Tripura, Agartala.

 

MEMBER State Commission Tripura

MEMBER State Commission Tripura

PRESIDENT State Commission Tripura