Present         (1)    Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                     President

                    (2)     Sri Sheo Shankar Prasad Singh,

                              Member

                    (3)     Smt. Karishma Mandal,

                              Member

Date of Order

                    Sheo Shankar Prasad Singh

1. In the instant case the Complainant has sought for following reliefs against the Opposite parties:-

1. To refund amount of Rs. 50, 000 / Fifty thousand only with interest from date of filling of this case till the date of payment.
2. To pay Rs. 30,000/- (Thirty thousand)as Compensation for mental and physical torture.
3. To pay Rs. 10,000/- (Ten thousand) as litigation cost.

2. Brief facts of the case which to the filing of complaint are as follows:-

1. The complainant is a young student and passed 10 + 2 examination and his academic report is excellent.
2. The authorized agent of the opposite party no. 1 approached the complainant. He advised him to take admission in IEC Group of Institution and also given detail information in respect of institute. He in bonafide and good faith accepted the information as on authentic and correct and in pursuance of such advice, the complainant submitted duly filed application form for admission in the prescribed manner.
3. The complainant took admission in said institution after the payment of substantial amount as demanded by the opposite parties under various heads.
4. The complainant discharged all the obligation imposed upon him and a certificate bearing no. 47 dated 31.07.2013 has been issued and provided to the complainant.
5.  The complainant had not been provided the facilities as assured by the competent authority of the opposite party no. 1 at the time of admission and as mentioned in the prospectus and as advertised on side of the opposite party no. 1.
6. The complainant was facing problem of fooding and lodging he was physically and mentally tortured in the name of ragging by the other students of the said institute. He made complaint to the opposite party no. 2 but no effective steps has been taken by him to protect the right and interest of the complainant.
7. It is relevant to mention here that in the prospectus it is mentioned that IEC Group of Institution provides its student with state of art facilities that integrate theory and application, 350 outstanding faculty and 250 remarkable administrative staffs and further insured that the students get placed with repudiated companies. But it is very unfortunate to state here that after taking admission institute the complainant found that in reality the institute has not provided such facilities as mentioned in the prospectus/ browser. Under such circumstances it is not possible for the complainant to continue his study in the institute / college. Thus he submitted and application before the opposite party no. 2 and requested to refund the amount of Rs. 50,000/- paid as fees.
8. The complainant contacted the opposite party no. 2 several times telephonically and requested him to take steps from his own level so that his grievance is to be redressed without committing further delay and the amount paid as fees is to be refunded but except giving announce no steps has been taken by him to redress the genuine grievance of the complainant.
9. It is relevant to mention here that it will settled that if student has cancelled admission for some reasons, he should be entitled to refund of his fees. The principal of refund is well recognized in every life i.e. in case of travel by railway planes or other modes.
10. The grievance of the complainant is fair, just and reasonable. The cause of action arose within jurisdiction of this Hon’ble forum and this Hon’ble forum has territorial and pecuniary jurisdiction to try present complaint.
11. The complainant  because of the delay and in action on the part of the opposite parties are in great predicament.
12. The present complaint is being filed within the period prescribed under section 24 A of the Act.

3. Brief facts of the case which to the filing of Respondent are as follows:-

1. That, contents of paragraph no. 1 of the complaint needs no comments and the same is matter of record.
2. The Content of paragraph no. 2 of the complaint are misconceived, fabricated, false, hence denied, in reply, it is stated that authorized agent of opposite party no. 1 never approached the complainant. In fact, after getting full knowledge of respondent institution, complainant approached opposite party no. 3 and filled admission form, after going through rules, regulations, guidelines mentioned in brochure /  prospectus.
3. In reply of content of paragraph no. 3, it is stated that instead of depositing full fee complainant requested opposite party that at present, he can deposit Rs. 50,000/- against the complete fee and will deposit the rest fee within one month. Respondent accepted the request made by the complainant and Rs. 50,000/- was deposited by complainant.
4. The content of paragraph no. 4 are not admitted as the same are false, misinterpreted, it is wrong to say that complainant discharged all the obligation imposed upon him while in fact, complainant deposited only Rs. 50,000/- and rest amount was to be paid within 7 days as agreed and rest amount has not been paid and college suffered a financial loss. The certificate only depicts the summary of fee payable.
5. The content of paragraph no. 5, are denied emphatically as the same are false, fabricated and baseless. It is wrong to say that complainant had been provided the facilities as assured by the competent authority of opposite party no. 1, while in fact, complainant did not show any interest in attending the classes and involved in the class bunk. It is stated that respondent institution is esteemed institution in the state and imparting world class technical and vocational education to Indian and foreign students.
6. The content of paragraph no. 6 are denied emphatically, as are baseless, fabricated and false, it is wrong to say that complainant was facing problem of fooding and lodging and was physically and mentally tortured in the name of ragging by the other students of the said institute while in fact since establishment of IEC college of Engineering and technology , no incident of ragging had been reported by any body. It is also stated that hygienic food is supplied to the hostellers. It is wrong to say that he made complaint to the opposite party no. 2, while in fact, no such complaint had been made by the complainant to nay officer of the respondent institution.
7. The content of paragraph no. 7 are false, fabricated and baseless, in reply it is stated that respondent institution provides the world class technical and vocational education to Indian and foreign students.
8. The content of paragraph no. 8 and 9 are baseless, concocted and false, it is wrong to say that complainant submitted an application before opposite party no. 2 with request to refund the deposit amount, while in fact, complainant did not submit any such application to any of the opposite parties.
9. The content of paragraph no. 10 and 11 are admitted to some extent, because the AICTE guidelines are misinterpreted.
10. In reply of paragraph no. 12, it is stated that the grievance of complainant is unfair, unjust and unreasonable. It is stated that complainant, in his own interest left the institution while the respondent institution was / is ready to provide the best technical education.
11. In reply to paragraph no. 13, the cause of action arose at Greater Noida and delhi and carries on business but the alleged branch office at Patna is only the counselling office and admissions are finalized at Greater Noida, the place where respondent institution is situated, therefore, the Patna counselling office cannot be termed as branch office, hence, this Forum has no territorial jurisdiction to try this complaint.
12. Paragraph no. 14 and 15 needs no comments.

 Member                                                                                      President