DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT

 CC- 451/2016

Date of Filing:                     Date of Admission:-                Date of Disposal:

  15.07.2016                                21.07.2016                            27.05.2019

Complainant :-              1.       MR. KESHAB CHAKRABORTY

S/o Sri Pradip Chakraborty

Agarpara Mollarhat, Thakurbari Road

P.O.-Agarpara, P.S. - Khardah

North 24 Parganas, Kolkata-700109.

         =Vs=

Opposite Parties :-        1.       FUTURE ACADEMY @ FUTURE

DISTANCE EDUCAITON

60C, Chowringhee Road

1^st Floor, Kolkata-700 020.

AND

21A/1, Hindusthan Road,

Ground Floor, Kolkata-700 029

Proprietor – Ayan Chatterjee

(Mobile : 8622868579)

And Mr. Avijit Banerjee the Authorised Signatory of Future Distance Education.

P R E S E N T  :-        Sri  Lakshmi Kanta Das………..……………………...President.

  :-       Smt. Monisha Shaw …………………………………….Member.

Judgment

This complaint is filed by the Complainant u/s 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OP as the OP did not refund him the amount paid by him for admission in BBA and MBA Degree through their institution.

The Complainant stated that the Complainant duly contacted the Institution owned and managed by the Opposite Party for obtaining BBA & MBA Degree. Therefore, as per the requirement and terms and conditions of the said institution he duly deposited with the Institution a sum of Rs.41,000/- (Rupees forty one thousand) only against receipt. After receiving the said amount in part, the OP did not supply any study materials to the Complainant and also did not make any arrangement for conducting examination under Distance Education System from any reported University.

The Complainant further stated that the Complainant contacted the OP in the month of February 2014. The OP assured to the Complainant that he would obtain

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CC- 451/2016

his degree of BBA & MBA in the year 2019 and he would be able to complete the course by appearing in 10^th Semester. His first semester would be held in August, 2014. But thereafter the Institute as per its words did not provide the service to the Complainant/Consumer which tantamount to deficiency in service. Thereafter the Complainant duly tried to make contact with the institution but he failed to do so as the office of the OP members were closed. As a result of which the Complainant became helpless.

The Complainant further stated that he sent the legal notice and personal representative to the OP and wanted to get back his entire deposited amount. In reply Mr. Ayan Chatterjee sent a letter to the Complainant on behalf of Future Academy whereby he himself admitted having received the money by saying that the amount was their professional fees for conducting examination for BBA & MBA; but he refused to refund the same.

Prayer of the Complainant :

          Pass a direction upon the OP to return back the entire amount of Rs.41,000/- which is duly given to the OP.

          Rs.40,000/- due to mental harassment which he sustained day by day for a period of 2 (two) years due to deficiency in service by the OP.

          The petition of complaint has been contested by the OP by filing W/V stating that the complaint is not at all maintainable in the eye of law before the Consumer Forum and the same is motivated, fabricated, frivolous, speculative and baseless, thus not sustainable. The complaint is filed as purported application. The complaint have appeared before the Ld. Forum through his Ld. Advocate by filing fresh Vakalatnama for the purpose of the adjudication of this instant case. The instant case is barred by principles of waiver, estoppels and acquiescence and hence it is bad in law. The instant case is hopelessly barred due to the want of cause of action. All the material averments have been denied by the OP.

          The said OP stated that though the Complainant took admission in Institute of the said OP by depositing the part of the course money and on 21.03.2014 the said OP handed over the said material for the course to the Complainant. It is also mentioned by the OP that the said OP runs the private coaching centre in the name and style “Future Academy @ Future Distance Education” and provides private classes to the students appearing in the said courses from the different University.

          The OP further stated that after collecting the said study materials  for the course of BBA & MBA putting his endorsement of the said application the said Complainant never turned up before the said Academy of the OP. The Complainant had not attended the class of the said course and claiming something from the said OP which is beyond the scope of imagination of the said OP and

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CC- 451/2016

even though the OP had advised the said Complainant that the said OP can provide one, or BBA & MBA preparation class to the Complainant absolutely free of cost by letter dated 03.03.2016.

Issued before us to decide :

1. Whether this case is maintainable or not?
2.  Whether the Complainant is entitled to get relief in this case?

Decision with reasons

All the issues are taken up for convenience.

The applicant is a student and the opposite party is none-else but an Education Institution in the name of Future Academy @ Future Distance Education (Coaching Centre). It is well settled that Educational Institutions are covered by the provision of C.P. Act and if there is any deficiency in service provided by the Educational Institutions then they are liable for the deficiency in the services under that. The case of the complainant is that the opposite party in spite of having received Rs. 41,000/- in 2014 with view to provide service materials for the BBA and MBA degree had abstained from doing anything. The Ld. Advocate appearing for the complainant has submitted that although the first semester of BBA and MBA was scheduled to be held in August, 2014, the opposite party arranged neither for sending the study materials nor for taking any examination. As claimed by the Ld. Advocate for the complainant, the complainant got the papers from the opposite party relating to the complainant’s result in BBA and MBA for the year 2010 onwards. He has also referred to the marksheets issued in the name of the complainant from ‘Jodhpur National University’. But we are unable to connect those marksheets with the case of the complainant. The marksheets issued from Jodhpur National University have no manner of connection with the OP’s coaching centre. Those documents are irrelevant. We are not concerned with the marksheets of 2012.

The O.P entered appearance and filed written version stating inter-alia that the study materials were duly supplied but the complainant did not turn up to take the examination.

          The letter dated 03.03.2016 of the OP also discloses that the OP expressly wanted to extend opportunity to the Complainant for taking preparation class free of cost. There is no other material on record to suggest that there was really any deficiency in service for which payment was made by the Complainant. Even there is no document to show that the Complainant wrote to the OP demanding study