DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

      C.C. CASE NO. _113_ OF ___2016_

DATE OF FILING : 28.9.2016                     DATE OF PASSING JUDGEMENT: 20/06/2017

Present                        :   President       :   Udayan Mukhopadhyay

                                        Member(s)    :     Subrata Sarker

COMPLAINANT             :   Priyanka Bag (Jana), w/o Sri Ratan Kumar Jana , Village-Purba Sripati Nagar, P.O Paschim Sripatinagar, P.S. Pathar Pratima, Dist. South 24-Parganas, Pin – 743383.

-VERSUS  -

O.P/O.Ps                            :  Haldar Academy, H.C Sarani, P.O & Dt. Sonarpur, Kolkata-150, P.S Sonarpur.

_______________________________________________________________________

                                                            J  U  D  G  E  M  E  N  T

Sri Subrata Sarker, Member

This is an application under section 12 of the C.P Act, 1986 filed by the complainant on an allegation that she had paid Rs.45000/- for B.Ed course to the O.P on an assurance that O.P will arrange for B.Ed course through an affiliated University of Andhra Pradesh and will make arrangement to get the degree from that particular University. After few months the O.P informed the complainant that they could not be able to provide arrangement of B.Ed admission/examination in that particular year due to different internal reasons. But the O.P assured that they will arrange the said course and make arrangement for B.Ed examination with some other University in Andhra Pradesh in the next year. After that the O.P told the complainant that they surely make it with one University in Assam, then they told that an arrangement will make with one University in Jharkhand or Rajasthan. The O.P even told the complainant that to avoid any reservation problem they have already booked tickets for the journey for their students. But ultimately they did not make any arrangement and only given false assurance. Thereafter, complainant became very shocked , frustrated and returned home with a broken heart. Complainant has further stated that he contacted with the O.Ps for refund of deposited amount of Rs.45000/- . But the O.P did not return the amount and illegally withholding the amount with them.

Points for decision in this case is whether there is any deficiency in service or unfair trade practice adopted by the O.P or not.

                                                                     Decision with reasons

            We have perused all the documents lying in the case record, money receipts, fees etc and we find that O.P collected the money due to unfair trade practice which should be stopped, for which we find that this is a glaring example of unfair trade practice taking the life of a student and it should be mentioned here that O.P is not an educational institution and he assured the complainant for her admission in educational institution and collected money through installment from time to time. This is an unfair trade practice for which this case is highly maintainable and we find that complainant should get relief , otherwise tears of the complainant cannot be meted out and alternatively this type of unruly O.P will be encouraged by the order of the judicial proceedings, if we dismiss the case. So, question of dismissal of the case  does not advise since the O.P is not an educational institution and he has squeezed money with an assurance for admission in an educational institution situated at Andhra Pradesh/Jharkhand/Rajasthan and he has not stopped there and also assured the complainant that he has already booked railway tickets for the journey.

            Accordingly, it is

                                                                                       Ordered

             That the case is allowed in exparte against the O.P.

             The O.P is hereby directed to refund Rs.45000/- along with interest @12% p.a from the date of deposit of the amount to till its realization within 30 days from the date of this order.

             The O.P is also directed to pay compensation of Rs.20,000/- and litigation cost of Rs.5000/- to the complainant within 30days from the date of this order failing which, damage per day Rs.50/- will be started from the date of default till its realization  and the said amount will be deposited in the Consumer Legal Aid Fund.

            Complainant is at liberty to execute the order through this Forum after expiry of the stipulated period.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

Member                                                                                   President

Dictated and corrected by me

                        Member

      The judgment in separate sheet is ready and is delivered in open Forum. As it is ,   

                                                                          Ordered

             That the case is allowed in exparte against the O.P.

             The O.P is hereby directed to refund Rs.45000/- along with interest @12% p.a from the date of deposit of the amount to till its realization within 30 days from the date of this order.

             The O.P is also directed to pay compensation of Rs.20,000/- and litigation cost of Rs.5000/- to the complainant within 30days from the date of this order failing which, damage per day Rs.50/- will be started from the date of default till its realization  and the said amount will be deposited in the Consumer Legal Aid Fund.

            Complainant is at liberty to execute the order through this Forum after expiry of the stipulated period.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

Member                                                                                   President