Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 22.01.2016

                    Nisha Nath Ojha

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

1. To direct the opposite parties to refund the amount of Rs. 60,000/- along with interest @ 18% per annum.
2. To pay Rs. 2,00,000/- ( Rs. Two Lacks only ) as compensation.
3. To pay Rs. 20,000/- ( Rs. Twenty Thousand only ) as litigation costs.

2. The facts of this case lies in a narrow compass which is as follows:-

The complainant has asserted in the present complaint petition that he took admission in K.C.C. Institute of Management ( Opposite party no. 1 ) after depositing fees vide annexure – 1 series. In the prospectus for the session 2012 – 2013 of opposite party no. 1, it has been specifically mentioned that the candidate who possess graduation degree in any stream from recognized university with minimum 50% of the marks are eligible for getting admission in the institute. The complainant has further asserted that as the examination of B.Sc has been cancelled the degree of graduation could not be granted and hence the complainant requested the opposite party no. 2 to refund the amount of Rs. 60,000/- which was charged as a fee to the complainant.

Thereafter opposite party no. 2 stated that if the examination controller certified that the certificate and mark sheet shall be provided after laps of some months then the amount of Rs. 60,000/- shall be refunded. Thereafter the complainant submitted application before the examination controller which has been annexed as annexure – 3. The aforesaid application was forwarded and endorsed by the principle of the of the college and thereafter complainant filed an application before opposite party no. 2 with annexure – 3 to get the refund of Rs. 60,000/- as per assurance given by opposite party no. 2.

The learned counsel for the complainant has submitted that despite best effort of the complainant the opposite parties have failed to refund Rs. 60,000/- which was charged by them by way of fees.

From the order sheet it transpires that on 05.02.2013 Vakalatnam was filed on behalf of opposite parties but they failed to file written statement etc. for the reason known to them.

As there is no counter version of the fact asserted by the complainant we have no option but to accept the facts asserted by the complainant in complaint petition which definitely constitute deficiency on the part of opposite parties.

In view of the aforesaid fact we here by direct the opposite parties jointly and severally to refund the amount i.e. Rs. 60,000/- to the complainant which was charged by the opposite parties by way of fees from the complainant within the period of three months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay an interest @ 12% on the amount i.e. Rs. 60,000/- which was charged as fees till its final payment.

Opposite parties are further directed to pay Rs. 5,000/- to the complainant by way of compensation and litigation costs within the period of three months.

Thus this complaint petition stands allowed to the indication referred above.

                                        Member                                                                   President