Judgment dated 07-06-2016
This is a complaint made by one Dibyendu Mondal son of Dinesh Mondal of C8/648, Daulatpur Main Road. Vivekananda Pally, Putkhali, Kolkata- 700 139 against Jaipur National University constituted Gemax Infotech India Pvt. Ltd., 738, Diamond Harbour Road, United Bank Building under Thakurpukur P.S.
Facts in brief are that Complainant through internet learnt about distance education course on MA in English at Jaipur National University located at Behala Chowrastha and visited there. Complainant talked to one Shri Kaushik Datta, Admission Officer about course and asked about the prospectus. He was informed that Prospectus would be given after taking admission only. Admission Officer asked him to pay total Rs.26,500/- for the entire course. Complainant agreed and paid Rs.13,500/- on 23.07.2015. After few days Shri Kaushik Datta asked him to fill up Admission Form. Complainant got payment slip no.1152 and was surprised to see that an extra Rs.1000/- has been included. After completion of the process of admission Complainant again asked for Prospectus but did not get. Thereafter, he got information from the Accounts Officer that over telephone the commencement of classes will be informed. Again when Complainant called at the office over telephone the staff there shouted upon him. After some days Complainant was informed to collect the books. Thereafter he found that books were not relevant to pass examination. University authority demanded him for another Rs.2,000/- . After that when he opened his e-mail he found that the date for submission of assignment expired. So he went to the Branch Office where he did not get any satisfactory reply. So he filed this case for refund of Rs.13,500/- and Rs.70,000/- compensation and Rs.5,000/- as litigation cost. OP filed written version and denied the allegations of the complaint. Further, OP mentioned that Complainant was supplied with the programme fee in detail. Study materials are supplied to the student at their house. OP informed Complainant the date of examination long before the examination. So OP has prayed for dismissal of the case.
Decisions with reasons
Complainant has filed affidavit-in-chief also the questionnaire. Complainant has denied that any programme details was supplied to him. Further Complainant has stated that he was cheated by the OP.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for. On perusal of the allegations in the complaint petition it appears that Complainant gave Rs.13,500/- on 23.07.2015 but he was not given opportunity to appear in the examination. Further, Complainant has filed Xerox copy of the receipt by which he paid Rs.13,500/- to the OP. Now it is the allegation of the OP is that Complainant was not prompt and so he could not appear in the examination. Further, it appears that OP has filed certain documents which reveals that Complainant was informed about the last date of submission of the assignment but did not comply with. It is the allegation of the Complainant is that he received e-mail after expiry of the date.
So it appears that though Complainant paid Rs.13,500/- but was not vigilant for appearing examination simply by paying fee does not warrant that a student who got the degree for which he makes payment for that proper vigilant is required.
So we are of the view that there is no material to substantiate the allegation of the Complainant.
Hence,
O R D E R E D
CC/28/2015 and the same is dismissed on contest.