IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC /125/2014 .
Date of Filing: 08.09.2014. Date of Final Order: 30.06.2015.
Complainant: Aniruddha Biswas, S/O Late Asit Ranjan Biswas, 51 Bank Lane( B.L. Chatterjee Lane)
Hatarpara, P.O. Krishnagar, Dist. Nadia, Pin -741101.
-Vs-
Opposite Party: 1. Gautam Sarkar, Chairman/Secretary, Nibedita Polytechnic, Bagmara,
P.O. Paraspur, P.S. Jalangi, Dist. Murshidabad, Pin 742305.
2. Santu Sarkar, C.E.O.& Execturive Member (Nibedita Polytechnic),
Near Sagarpara Hospital, P.O Sagarpara P.S. Jalangi, Dist. Murshidabad.
Pin-742306.
3. Nanda Kishore Mondal, Principal, Nibeditya Polytechnic, Bagmara,
P.O. Paraspur, P.S. Jalangi, Dist. Murshidabad, Pin 742305.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C.P. Act, 1986 praying for refund of Rs.24,000/- towards fees deposited plus interest and compensation totallying to Rs.75,000/-.
The complainant’s case is that his son Dipyaman Biswas was admitted to OP-college in 3rd semester depositing Rs.40, 000/- but could not attend class from the beginning being his name was not registered and the OP already refunded Rs.15, 000/- to the complainant and as per USG notification he is entitled to get back the entire deposited amount less Rs.1000/- for administrative expense and for that he is entitled to get Rs.24, 000/- and compensation.
The written version filed by the Ops, in brief, is that the OP has categorically denied the complainant’s case. The complainant’s son continued classes and his name was duly registered in their office record and left the course voluntarily and for that he complainant is not entitled to get any refund. Moreover, the college authorities has given Rs.15, 000/- to the complainant and they will get Rs.4500/- from the complainant. Hence, the instant written version.
Considering the pleadings of both parties the following points have been framed for consideration.
Points for decision.
- Whether this case is maintainable in law and fact?
- Whether there is any cause of action to file the present case?
- Whether the case is barred by law of limitation or not?
- Whether the case is barred by principles of estoppels, waivers and acquisance?
- Whether the complainant is entitled to get any relief as prayed for?
- To what other relief/relies the complainant is entitled to?
Decision with reasons.
Point Nos. 1 to 6.
All the points are taken up together for the sake of convenience.
The complainant’s case is that his son Dipyaman Biswas was admitted to OP-college in 3rd semester depositing Rs.40,000/- but could not attend class from the beginning being his name was not registered and the OP already refunded Rs.15,000/- to the complainant and as per USG notification he is entitled to get back the entire deposited amount less Rs.1000/- for administrative expense and for that he is entitled to get Rs.24,000/- and compensation.
On the other hand the OP’s case in brief is that the Opposite Party has categorically denied the complainant’s case. The complainant’s son continued classes and his name was duly registered in their office record and left the course voluntarily and for that he complainant is not entitled to get any refund. Moreover, the college authorities has given Rs.15, 000/- to the complainant and they will get Rs.4500/- from the complainant.
In this case both the complainant and Opposite Party have filed their respective evidence on affidavit but one of them have been cross-examined by the respective party.
The complainant has filed relevant documents in support of his case but the OP has not adduced any document to support the OP’s case as per evidence of OP.W-1 on affidavit to the effect that complainant’s son continued class and his name was registered.
Further, Opposite Party has claimed that they will get Rs.4500/- from the complainant but the same is without any basis and without any cogent evidence.
In this case the complainant has filed Xerox copies of documents showing that the complainant deposited Rs.40, 000/- and he has received Rs.15, 000/- from OP towards refund of fees.
The Ld. lawyer for the complaint had adduced argument that as the Opposite Party has refunded Rs.15,000/- the same is to be considered that the Opposite Pary has accepted that the complainant is entitled to get refund as per UGC’s and AICTE notification.
The complainant has filed the relevant receipt showing that complaint paid Rs.10, 000/- on 13.7.13 and Rs.30, 000/- on 13.08.13 and got refund on 24.09.13.
From other letters filed by the complaint it appears that the complaint wrote to Opposite Party on 2.10.13, 18.11.13, 27.3.14 and lastly on 28.7.14 requesting for refund of balance amount towards the fees deposited as per UGC’s guideline and thereafter the complaint was filed on 8.9.14.
Considering the above facts and circumstances we find that the complainant is entitled to get refund of Rs.24,000/- as per UGC’s guideline.
As the OP has already refunded Rs.15, 000/- towards fees deposited we are of view that the complainant is not entitled to get any compensation.
On the basis of above discussion we find that all the points are disposed of in favour of the complainant in part and as such the complainant is entitled to get Rs.24,000/-.
Hence,
Ordered
that the Consumer Complaint No.125/2014 be and the same is allowed in part on contest against the Ops .
The Ops are jointly and severally liable to pay the amount of Rs.24, 000/- to the complainant within two months from the date of this order, failing which the Ops have to pay fine @ Rs.50/- per day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Fund account.
There will be no order as to cost.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member Member President
District Consumer Disputes District Consumer Disputes District Consumer Disputes
Redressal Forum. Redressal Forum. Redressal Forum.
Murshidabad. Murshidabad. Murshidabad.
