Date of Filing: 24.08.2021. Date of Disposal: 06.09.2022.
Complainant : Mr. Revom Mukherjee, S/O Prashanta Mukherjeee, resident of Nabapally, Memari, P.O. & P. S. Memari, Dist. Purba Bardhaman, Pin-713146.
-VERSUS -
Opposite Party : Executive Director, Ilead Institute of Leadership Entrepreneurship & Development, 113 J, Matheswartola Road, Near Axis Bank, Opposite Park Regency Hotel, Topsia, Kolkata, West Bengal-700046.
Present : Mohammad Muizzuddeen -Hon’ble President.
: Mrs. Lipika Ghosh - Hon’ble Member.
: Mr. Atanu Kr. Dutta. - Hon’ble Member.
Appeared for the Complainant : Mr. Godadhar Mukherjee -Ld. Advocate.
Appeared for the Opposite Party : None.
FINAL ORDER-EX PARTE
Order Dt. 06.09.2022.
Today is fixed for passing ex parte order.
The complainant files hazira .
The record is taken up for ex parte order.
On 24.08.2021 the complainant has filed this complaint u/S 35 of the Consumer Protection Act, 2019 against the OP.
The case of the complainant, in brief, is that after passing Higher Secondary Examination, the complainant wanted to take admission in any professional course and after getting primary information from the Web Portal regarding the courses in the month of May, 2019, he visited the Institution of OP and expressed his willingness to media related courses and as per the direction of the OP-Institution, father of the complainant deposited Rs.1,000/- for application form and Rs. 20,000/- for registration fees on 03.06.2019 at the office of the OP-Institution and the OP Institution issued proper receipt for the same in the name of the complainant . Thereafter, the complainant, as per direction of the OP-Institution, deposited further amount of Rs.30, 000/- for the registration fees on 27.06.2019 and the OP –Institution issued proper receipt for the same. Accordingly, the complainant deposited total amount of Rs.51, 000/- before the OP-Institution. Thereafter, the OP-Institution again directed to the complainant as well as father of the complainant to deposit a sum of Rs.1,50,000/- for admission in the preferred course of the complainant, but because of the financial stringency of the parents of the complainant, the complainant could not made subsequent payment in favour of the OP-Institution and he informed the OP for his inability and requested the OP to provide some time for the arrangement of required payment but the OP-Institution did not agree to continue the admission of the complainant and the complainant discontinued his admission in the said Institution of the OP. But the OP assured the complainant that the Institution will return entire amount to the complainant within a very short period for his discontinuation of admission but till date the OP did not reimburse the said deposited amount in favour of the complainant. On 22.03.2021 the complainant met the OP with same requests and they have directed the complainant to submit one prayer addressed to the Chairman of the OP-Institution and the father of the complainant submitted the same on the same date. Again on 11.05.2021 and 18.05.2021 two mails were sent with similar type of requests to the OP-Institution. The OP-Institution, after receiving the so many requests, provided one Mobile No. 7604093866 to continue communication regarding the reimbursement of the deposited amount of the complainant, but the OP subsequently did not receive the phone calls on that particular number. By those acts, the OP has committed deficiency in service as well as unfair trade practice.
Upon this background, the complainant prays for direction upon the OP to return or reimburse of Rs.51,000/- in favour of the complainant along with compensation of Rs.50,000/- for harassment, mental pain and agony and litigation cost of Rs.10,000/-.
Though the OP appeared through the Ld. Advocate yet did not contest the case by filing Vokalatnama and Written Version. Accordingly, the case was heard ex parte.
In order to prove the case, the complainant has filed evidence-on-affidavit and the Xerox copies of the documents.
From the money receipt Nos. 1224 dt. 3.06.2019 & 1265 dt. 03.06.2019 & 2027 dt. 27.06.2019 , it appears that the complainant has deposited a sum of Rs.51,000/- to the OP-Institution and subsequently on 22.03.2021 his father submitted an application for return of the said amount and two e-mails were also sent to the OP for returning the said amount. It is very clear from those documents that the complainant has paid those amounts to the OP and the OP did not return the same or did not reimburse the same in favour of the complainant though the admission was not in his favour. The complainant also on being oath by an affidavit corroborated the case depicted in the complaint. Nothing can be disbelieved of the said unchallenged evidence of the complainant. Accordingly, it can be said that the OP has committed deficiency in service. The case succeeds.
Hence, it is
ORDERED
That the Consumer Complaint No. 116/2021 be and the same is allowed ex parte against the OP-Institution, without any cost.
The OP is directed to return Rs.51,000/- (deposited amount) to the complainant along with compensation of Rs.10,000/-(Rupees Then Thousand only) for mental pain, agony and harassment and litigation cost of Rs.2500/- (Rupees Two thousand and five hundred only ) by account payee cheque within 45 days from the date of the receipt of the order, failing which the said amount shall carrying interest @ 10% p.a. till realization.
Let a copy of this order be supplied to the parties on free of cost.
Dictated & corrected by me.
President
D.C.D.R.C , Purba Bardhaman.
Member Member President
D.C.D.R.C , Purba Bardhaman. D.C.D.R.C. Purba Bardhaman D.C.D.R.C , Purba Bardhaman.
