Consumer Complaint No.

:

CC/130/2020

Date of Institution

:

12.3.2020

Date of Decision   

:

8/1/2024

CORAM :

PAWANJIT SINGH

PRESIDENT

SURJEET KAUR

SURESH KUMAR SARDANA         

MEMBER

MEMBER

ARGUED BY

:

Hem Raj Kapil, Advocate for complainant.

:

None for OP No.1&2 (written statement of OP No.1&2 already taken off the record vide order dated 28.12.2022)

:

OP No.3 exparte.

sd/-

[Pawanjit Singh]

President

Sd/-

 [Surjeet Kaur]

Member

Sd/-

8/1/2024

[Suresh Kumar Sardana]

mp

Member

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

Dr. Navroze Kapil son of Sh. Hemraj Kapil resident of BX-I 793, Street No.6, K.C. Road, Barnala, Tehsil & District Barnala

...Complainant

Versus

1    Gian Sagar Educational & Charitable Trust, Head Office SCO 109-110, Sector 43-B, Chandigarh, through its Working President Mr. Sachin Sawney, Gian Sagar Institution, Ram Nagar, Banur, District SAS Nagar (Mohali).

2    Gian Sagar Medical College & Hospital Ram Nagar, Banur with its Head Quarter SCO 109-110, Sector 43-B, Chandigarh, through its Head of (F&B) Finance & Billing Section.

3.   Director Medical Education & Research, Punjab Medical Education Bhawan, Sector 69, SAS Nagar (Mohali)

...Opposite parties

Per SURESH KUMAR SARDANA, Member

     Briefly stated the complainant took admission for MBBS course  in the year 2011-12 by paying all necessary charges. The complainant after completing his MBBS course done internship from January 2016 to December 2016 and for that period he was given stipend  up to June 2016 but the stipend amount w.e.f. July 2016 to December 2016 was not paid to the complainant which comes to Rs.72,000/-. Even the complainant submitted application dated 15.6.2019 and representation  Annexure C-5 demanding Rs.1,12,000/- with the OPs for payment of remaining stipend amount but nothing was done by the OPs. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2.  Written statement of Ops No.1&2 was  ordered to be taken off the record vide  order dated 28.12.2022 as the Ops No.1&2 were failed to file the same within the stipulated period as prescribed in the Act.

3. OP No.3 did not turn up despite due service, hence vide order dated 28.07.2020 it was proceeded against exparte.
4. Complainant led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the complainant and gone through the record of the case.
6. The main grievance of the complainant is that the security paid by him to OPs No.1&2  was not refunded and the stipend  of Rs.72,000/- was not paid to him during internship.
7. On perusal of Annexure C-2 it is observed that an amount of Rs.15000/- was paid by complainant to OPs No.1&2 vide receipt  NO.1136, towards college and library security.
8. On perusal of Annexure C-3, it is observed that an amount of Rs.25,000/- was paid towards hostel security. Both the above securities are refundedable in nature as per the above receipts.
9. The OPs have failed to adduce any evidence on record that they have refunded the above securities to the complainant.
10. As far as non payment of Rs.72,000/- towards stipend is concerned, the complainant is not a consumer under the provisions of the Consumer Protection Act 2019 to this extent.
11. In view of the discussion by not refunding the securities of Rs40,000/- (15,000/- + 25,000/-) to the complainant the OPs are deficient in providing proper service and have indulged in unfair trade practice.   
12. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs are directed as under:-

1. to refund security amount Rs.40,000/- with interest @9% P.A.from the date of filing of the present complaint till onwards.
2. to pay Rs.7000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay Rs.10,000/- to the complainant as costs of litigation.

13.      This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
14. Pending miscellaneous application(s), if any, also stands disposed off.
15.      Certified copies of this order be sent to the parties free of charge. The file be consigned.