Date of Filing: 06.10.2020
Date of Judgment: 14.7.2022
Mrs. Sashi Kala Basu, Hon’ble President
This Complaint is filed by the complainant namely Niladri Bhattacharya under section 35 of the Consumer Protection Act 2019 against Opposite Party (Hereafter referred as O.P.) Hello World Technologies India Private Ltd, alleging deficiency in service on the part of the O.P.
Case of the complainant in short is that he availed hostel service from the O.P. in Premises namely “ Hello World Tesla” governed by Rules and Regulation of “ Chambal Hostel Association “ from 18.06.2019 to 16.03.2020 while he was a student of the “Allen Career Institute” coaching centre in Kunhadi, Kota, Rajasthan. Monthly fee of the Hostel was Rs 8000/- and also security “deposit” of Rs 8000/- was charged on the date of admission i.e 18.06.2019. At the time of joining Hostel Premises, only one agreement was entered into with the Complainant. The agreement was on behalf of the Chambal Hostel Association. There was no other agreement or declaration was taken by the concerned authority from the Complainant. As per the agreement the Complainant had to send a notice 30 days before vacating the Hostel, after a full 10 months of stay, wherein the Complainant would be paid back the security deposit of Rs 8000/- within a month. The Complainant also paid full fee of last month of staying i.e march 2020 of Rs 8000/-.
On march 2020 the State Govt. Of Rajasthan implemented a state wide complete lockdown and so the coaching institute also followed the same and sent a notice of closure of everything and then from 22.03.2020 a nationwide complete lockdown was announced by the Govt. Of India due to outbreak of COVID-19. So Complainant left the hostel on 16.03.2020 so as to save his life and came to his home in West Bengal. After leaving the Hostel, he tried to contact the O.P through email for refund of his security deposit but they avoided. However subsequently on 12.05.20, on 26.05.20 and on 06.06.20 through helpline email it was informed that refund process was paused due to Covid lockdown. Thereafter the Complainant approached National Consumer Helpline and after their involvement, Hostel authority paid Rs 6134/- out of security of Rs 8000/- and withheld Rs 1866/- illegally. On the Complainant’s query, they replied that they deducted the said sum of Rs 1866/- towards move out “charges “ and “previous due” and also there was delay in “move out request” from the Complainant’s end. But it was impossible for the Complainant to give notice before 30 days as future situation of Covid-19 and the lockdown announcement could not be anticipated. The Complainant also had no previous dues which was also admitted by the Hostel authorities by their email dt 22.07.20. The Complainant has also claimed that he is also entitled to refund of Rs 3870/- as the fee of the rest of the last staying month (march 2020). Since the Complainant has not been refunded the amount, he sent a notice on 11.08.20 and thereafter has filed the present Complainant, praying for the refund and also for compensation.
On Perusal of the record, it appears that the notice was sent but since no step was taken by the opposite party, the case has been heard ex-parte. Record discloses that the complainant has also sent the notice through e-mail.
During the course of evidence, complainant filed examination in chief on affidavit along with documents relied upon by him and ultimately argument has been heard. Complainant has also filed Brief Notes of His argument.
So the only point requires determination is:- Whether the complainant is entitled to the reliefs as prayed for?
DECISION WITH REASONS:
On perusal of the documents filed by the Complainant, it is evident that the Complainant had availed the Hostel service of the O.P in premise “Hello World Tesla”. It is also evident that an amount of Rs 8000/- as security deposit was paid by the Complainant to the Hostel authority. As per the rules and regulation or the agreement admittedly entered into between the parties, Complainant had to send a notice 30 days before leaving the hostel after a full 10 month of stay to get back the security deposit. It is also an admitted case of the Complainant that due to involvement of National Consumer helpline under ministry of Consumer Affairs, amount of Rs 6314/- has already been refunded by the O.P to the complainant out of security deposit of Rs 8000/-, however they have deducted Rs 1866/-. So the main dispute which is to be adjudicated is whether the deduction of Rs 1866/- by the O.P was reasonable and justified?
Apparently the Complainant did not stay in the Hostel for complete 10 months. He stayed from 18.06.2019 to 16.03.2020. The Complainant left the Hostel on 16.03.2020. But what was the reason for the Complainant to leave the Hostel on issuing an emergency leave notice is the main aspect to be considered. On perusal of Enclosure no 6 with the Complainant, it appears that an SMS notice was sent by the coaching institute on 14.03.2020 intimating the student that as per the instructions of the State Govt. They have decided to postpone all kinds of classes till 30th march for precautionary measures to prevent the spread of corona virus. Thereafter it is a known fact that nationwide lockdown was announced by the Govt of India from 25.03.2020. Complainant has also filed the emails sent by the “ Hostel Authority team ” including mail dated 06.06.2020 that the offices of the Hostel Authority were shut down due to Covid -19. These e-mails are in response to the mails sent by the complainant requesting to refund his security deposit of Rs 8000/-.
The prevalent situation during the said period due to lockdown is not something which is unknown to anyone. So when the coaching Institute sent SMS as referred to above on 14.03.2020, complainant left the hostel giving an emergency leaving notice. It is rightly claimed by the complainant that he did not anticipate outbreak of the covid and consequently announcement of closure of coaching institute and the state wide lock down as well as Nation wide lock down. So it was impossible for him to send a leaving notice before 30 days. It was but natural for the Complainant to leave the Hostel to be at his home during the unprecedented situation. It could not be expected of the Hostel authority that in spite of the closure of coaching Institute, they would want the students to be in the Hostel taking risk of the spread of corona virus. Hostel authority themselves were keeping the offices etc. closed to prevent spread of covid as is evident from their e-mails than how could they deduct the amount of Rs. 1866/- out of Rs. 8000/- of security deposit on the ground of “delay in move out request”. It is also strange that the hostel authority themselves paused the refund process due to covid-19 even till June, 2020 as stated in their mails until complainant approached the National Consumer helpline but expected the complainant to give notice 30 days before leaving during the same covid-19 situation. So the said deduction is completely unreasonable and unjustified.
The documents filed by the Complainant further reveals that one of the ground for deducting the said sum of Rs 1866/- was “previous dues” and on being submission of bills etc by the Complainant showing that he had no dues, the Hostel authority admitted that the Complainant had no ‘previous dues’. So by their own conduct it is evident that the Hostel authority had wrongly deducted the remaining sum of Rs. 1866/-. It may also be pointed out that as per reply by the hostel authority to the query of the complainant (enclosure 7), they could charge minimum Rs. 2000/- against maintenance indicating that the same is ‘move out charges’. But there is absolutely no document that there was any damages found in the room. As per “Maintenance of room” in the Rules and Regulation, minimum Rs. 2000/- could only be charged from the student if damages described therein are found. So the deduction of Rs 1866/- by the Hostel authority, was wrong and thus as the O.P has been deficient in rendering service, the Complainant is not only entitled to return of Rs. 1866/- but also compensation for the harassment and the litigation cost for being compelled to file this case.
However so far as claim of the Complainant that he is also entitled to refund of Rs 3870/- towards the fee of the rest of the days of last month i.e march 2020, it may be pertinent to point out that from the documents in the record which appears to Rules and Regulation that as per the Rules listed as “Payment of Monthly Charges”, a student vacating between the 1st to 15th of the month is required to pay half of the rent and if he vacates between 16th to 30th full rent has to be paid. Admittedly the Complainant vacated the premises on 16.03.2020. So the said claim of the Complainant, cannot be allowed. It appears for the said reason, the Complainant himself had not asked for refund of the said sum when he had moved before the National Consumer Helpline.
So on consideration of the entire facts and situation of the case, we find that an amount of Rs 2000/- as compensation and Rs 3000/- as litigation cost would be justified.
Hence
Ordered
CC/231/2020 is allowed ex parte. The Opposite Party is directed to refund Rs 1866/- to the Complainant and to pay further sum of Rs 2000/- as compensation and Rs 3000/- towards litigation cost, within 2 months from the date of this order.
