Date of filing : 30/10/2017
Order No. 8 dt. 21/03/2018
The case, in brief, according to the complainant is that the complainant having recommendation of the managing committee of the school to undertake the B.Ed Course during the session 2016-18 dated 11.03.2016, got admission on 08.06.2016 in B.Ed course for the session 2016-18 in Kamada Devi Sohan Raj Singhvi Jain College of education (o.p.) on payment of Rs.75,000/- including caution money of Rs5000/- in DD No.370362 against receipt dated 08.06.2016 . The college is affiliated to WBUTT EPA. Thereafter, complainant got better chance by getting admission in Acharya Jagadish Chandra Bose college, Kolkata-700 020 and the complainant availed this opportunity to prosecute his education course in AJC Bose College and paid Rs.30,000/- only for admission into this college on 27.06.2016 in the same session in 2016-18. Complainant stated that AJC Bose College is nearer to his residence. Complainant is a B.Sc (Pass) teacher in CPC Remount Road Institution, 16D Remount Road, Kolkata-700 027. After getting admission into AJC Bose College , complainant met and requested the Principal of Jain College of Education to delete his name from the admitted list of students of 2016-18. But the Principal of the o.p. turn down the proposal of the complainant and agreed to refund of Rs.5000/- which was deposited by the complainant as caution money at the time of admission. As the regular class of the course in Jain College of Education had not started and o.p. had the ample scope to refund the money of the complainant by admitting fresh students in place, complainant felt it very much unjustified. Being aggrieved with such stance of the o.p. complainant lodged this complainant seeking direction upon the o.p. to refund Rs.70,000/- with interest @ 12% together with compensation of Rs.10,000/- and litigation cost of Rs.3,000/-.
PR & TR shows that o.p. received the notice but did not participated in the proceedings by submitting w/v. Hence the case has proceeded ex-parte against the o.p.
Decision with reason :-
Considering the submissions of the complainant it is an admitted fact that complainant got admission on 08.06.2016 in B.Ed course for the session 2016-18 in Kamada Devi Sohan Raj Singhvi Jain College of education (o.p.) on payment of Rs.75,000/- including caution money of Rs5000/- in DD No.370362 against receipt dated 08.06.2016. He got better chance in Acharya Jagadish Chandra Bose college, Kolkata and availed this opportunity to prosecute his education course in AJC Bose College and paid Rs.30,000/- only for admission into the college on 27.06.2016 in the same session in 2016-18. Complainant stated that AJC Bose College is nearer to his residence. After getting admission into AJC Bose College , complainant met and requested the Principal of Jain College of Education to delete his name from the admitted list of students of 2016-18. But the Principal of the o.p. turn down the proposal of the complainant and agreed to refund of Rs.5000/- which was deposited by the complainant as caution money at the time of admission. Whether the regular class of the B Ed course for the session 2016-18 in Jain College of Education had started or not and whether o.p. had the ample scope to refund the money of the complainant by admitting fresh students in place are not known from the submission of the complainant.
According to the complainant op asked the complainant to get back the caution money of Rs5,000/- for squaring up the issue of discontinuation of his study in the KDSRS Jain College of Education once for all. Against such disadvantageous proposal of forfeiture of Rs70,000/-by the op, complainant compelled to accept it with the undertaking that complainant would not claim the amount of Rs70,000/- in future and got his original documents submitted earlier at the time of admission in the KDSRS Jain College of Education. In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim . Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly. Complainant had to give written consent for collection his original document deposited in the college at time of admission.
With the above points in view we hold that this is an unfair trade practice on the part of the op. On the basis of the evidences on record and since no challenge has been made by the o.p. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant. Therefore, the complainant is entitled to get relief .
Hence, ordered.
that the case no. 317/2017 is allowed exparte with cost against the o.p. The o.p is directed to pay a sum of Rs.70,000/-(Rupees Seventy Thousand) only to the complainant along with compensation of Rs.5,000/- (Rupees Five Thousand) only for harassment and mental agony and litigation cost of Rs.3,000/- (Rupees three thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
