JUDGEMENT Complainant by filing this complaint has submitted that she was admitted to Lady Brabourne College in 1st year with Honours in Philosophy on 29.05.2012 but eventually she got chance to be admitted in the Rani Birla Girls’ College with Honours in English within a week. Thus her admission in the Lady Brabourne College was cancelled on 09.07.2012 and on the same day she was admitted in the Rani Birla Girls’ College with Honours in English in 1st year and she has been continuing her study in the Rani Birla Girls’ College. But after consultation with the College authority of the Lady Brabourne College for refund of the fees amounting to Rs. 3,156/- of the op and collected from the complainant on payment of her admission and complainant’s father applied to the Principal, Lady Brabourne College on 10.07.2012 for refund of the said amount. But the college did not refund the same, or give any satisfactory answer in this regard. Thereafter complainant applied to the Principal Secretary, Consumer Affairs Department to settle the matter and they tried their level best to redress her grievance but op did not cooperate for which mediation failed. Thereafter complainant filed an application before Public Information Officer, Lady Brabourne College. But op was sitting tight lipped and that money has not yet been refunded and in the above circumstances, complainant prayed for refund of said amount and also cost etc and for redressal. Fact remains that notice of the complaint was served upon the Lady Brabourne College authority on 12.06.2014 and 12.07.2014 but op did not turn up. So, the case is heard exparte. Decision with reasons The present complaint was filed by the complainant Nilofer Odud on 20.05.2014 and complaint was admitted for further proceeding on 05.06.2014 and notice was duly served upon the Lady Brabourne College but Lady Brabourne College authority did not turn up. So, the case is heard exparte and after considering the status of this college, it is found that this college is a government college of the State Government of West Bengal and affiliated to Kolkata University. Truth is that there is a procedure for admission in the Lady Brabourne College and as per admission procedure complainant got chance and her admission in the said college in first year with Honours in Philosophy on 29.06.2012 by paying of Rs. 3,156/-. It is also admitted fact that the said complainant subsequently got chance in Rani Biral Girls’ College for admission in first year with English Honours and she paid Rs. 5,345/- on 09.07.2012 and did not continue her studies in Lady Brabourne College. Thereafter complainant prayed for refund of the said amount but college authority did not respond and did not refund the same. But considering the entire fact and circumstances it is found that complainant has not any way able to prove any deficiency and negligence on the part of the op Lady Brabourne College. Moreover the Government Education Institution has some legal norms and that is the Government policy and when op is a Government college, it is guided by the Government’s rules and regulations and Government education policy. So, it is a government institution and it is not a commodity and government institutions are not providing any kind of service. So, in the matter of admission fees etc. there cannot be a question of deficiency of service and so such a matter cannot be entertained by this Consumer Forum under the C.P. Act 1986. In view of the above premises we are not in a position to give any relief to the complainant but the complainant shall have her liberty to seek the grievance before the proper Forum or Civil Court as per law even she may pray before the Government to consider her prayer. But anyhow complainant is not a consumer in the present fact and circumstances for which this complaint fails. Hence, it is ORDERED That the complaint be and the same is dismissed exparte against the op Lady Brabourne College without any cost.
| [HON'ABLE MR. Ashok Kumar Chanda] MEMBER[HON'ABLE MR. Bipin Mukhopadhyay] PRESIDENT[HON'ABLE MRS. Sangita Paul] MEMBER | |