Present        (1)  Sri Nisha Nath Ojha

                                 District & Sessions Judge (Retd.)

                       President

                         (2) Smt. Karishma Mandal,

                                 Member

         Date of Order-    29.02.2016

                                                   ORDER

 Smt. Karishma Mandal

1. That the complainant has knocked the doors of the Forum for  the following reliefs:-

1. To refund the amount Rs.1,17,500/-( One lac Seventeen thousand five hundred only) to complainant no.1 along with interest 18% per annum from the date of admission.
2. To refund the amount Rs. 60,000/-(Sixty thousand only) to the complainant no.1 along with interest 18% per annum from the date of admission.
3. To pay Rs. 2,00,000/-(Two lacs only) as compensation to the complainants for inconvenience, loss , harassment and mental tension.
4. To return the original certificates to the complainant.
5. To pay Rs. 20,000/-(Twenty thousand only) by way of litigation cost.

2. The complainant has made following averment and              submissions in his complaint petition:-

The complainants have asserted that they came to know about the K.C.C Institute ( Opposite party no.1) which conducted two years semesters full time degree course in business administration program and that degree is approved by All India Counsel for Technical and other organization etc. The Management program is an integrated course which aims to impart academic excellence etc. and contemporaneous curriculum for the budding managers. The complainants thereafter approached the Regional Representative of The Opposite party (i.e. Opposite party no.2) and after seeing the mark sheet and academic record of the complainants they were admitted in the aforesaid institute. Thereafter they have paid their admission fee etc. vide Annexure -1,1/a,1/b of the complaint petition.

It is further case of the complainants that they were physically harassed and mentally tortured in the name of ragging by the other students of the said institute and despite complaint by them no action was taken against the students who were indulging in ragging.

It is also asserted that the complainant no.1 namely Md. Tanveer Alam received information regarding serious illness of his father and as such it was not possible for him to continue his study in the said institute due to ragging and illness of his father. Thereafter he submitted an application to the Opposite party no.2 for refund of his admission fee i.e. Rs.1,15,000/- (One lac fifteen thousand) only vide Annexure-2 and came to home. The complainant no.1 also sent an e-mail to the Opposite party no.1 for refund his admission fee etc. but no any step has been taken by opposite party despite receiving the said copy of e-mail which is annexed as Annexure-3.

In the same manner the complainant no.2 namely Qrratul Ain left the aforesaid institute due to torture as there was no any person to save him from torture ( i.e. ragging ) and it was not possible for him to continue his study in the said institute. Thereafter, he requested the concerning staff of the institute for refund of the amount of his admission fee etc. ( the receipt of aforesaid paid voucher copy is annexed as Annexure-1/1 and ½ ).

The grievance of the complainants is that opposite parties have not refunded their fees which has been deducted by them vide annexure - 1 series despite their request to the Opposite parties.

It is further transpired that on behalf of the Opposite parties vakalatnama was filed which is in the record and during the hearing the Opposite parties did not file any written statement for the reason best known to them and as such We have no option but rely on fact asserted by the complainants in their complaint petition which is on affidavit. Hence We find and hold that the assertion of facts by the complainants in their complaint petition disclose deficiency on the part of the Opposite parties.

In view of aforesaid facts and circumstance asserted above We here by direct the Opposite parties jointly and severally to pay Rs.1,15,000/-(One lac fifteen thousand only) to the complainant no.1. which they received vide Anneuxe-1.

We further direct the Opposite parties jointly and severally to return the original certificate to the complainants, if it is in the possession of the opposite parties.

We further direct the Opposite parties jointly and severally to pay Rs.60,000/-(Sixty thousand only) to complainant no.2 which they received vide Annexure-A, A/1 and A/2.

The aforesaid amount must be paid to the complainants within the period of two months from the date of receiving the order or certified copy of this order failing which the Opposite parties shall have to pay 12% interest on the aforesaid amount to the complainant till final payment is made by opposite parties.

The Opposite parties are further directed to pay Rs.15,000/-(Fifteen thousand only) to each complainant on account of compensation and litigation cost within the aforesaid period of two months.

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

                  Member                                                              President