DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _31_ OF ___2016_
DATE OF FILING :4.4.2016 DATE OF PASSING JUDGEMENT: 30/08/2016
Present : President : Udayan Mukhopadhyay
Member(s) : Mrs. Sharmi Basu
COMPLAINANT : Gurupada Das,c/o Anukul Das of Vill-East Tentulberia, P.O Panchpota, P.S. Sonarpur, Dist. South 24-Parganas, Kolkata – 152.
O.P/O.Ps : Matiur Rahaman Laskar, Prop. AIHE, C/o Abdul Rahaman Laskar, Vill.+ P.O + P.S- Basanti, Dist. South 24-Parganas, Pin- 743312.
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J U D G E M E N T
Udayan Mukhopadhyay, President
This is an application under section 12 of the C.P Act, 1986 filed by the complainant on an allegation that he has paid Rs.55000/- for B-Ed course to the O.P on an assurance that O.P will arrange for B.Ed court through Nagarjuna University of Andhra Pradesh (OMEGA) and also in order to convince the complainant O.P submitted one confirmation letter. The O.P also told them to purchase a ticket on 25th August, 2016 for appearance of B.Ed examination at Falaknama Express for appearance in the B.Ed examination . Accordingly complainant and other students also purchased the said ticket to arrive at Guntur and arrange a hotel for 5-6 days stay and later complainant came to learn that all the assurance was totally false and after visiting the said college and university that O.P never took any admission of the complainant and others in the said university. Thereafter, complainant became very shocked and returned home with a broken heart. Complainant has further stated that he has contacted the O.Ps on 7.9.2015 and at that time his parents was assured to refund money along with extra Rs.2000/- but the O.P refunded first installment but thereafter did not contact. When the complainan5t went to collect the second installment in the house of the O.P, they were ousted from the house. The matter was informed to the Secretary , Kreta Surakha Mela and according to their advice this complainant is lodged. Complainant claims total Rs.99000/- including fees, travelling expenses, food and lodging etc.
Summon was served but none appears on behalf of the O.P , that is why, the case is taken up in exparte hearing.
Points for decision in this case is whether there is any deficiency in service or unfair trade practice adopted by the O.P or not.
Decision with reasons
We have perused all the documents lying in the case record, money receipts , fees etc. and we find that O.P collected the money due to unfair trade practice which should be stopped ,for which we find that this is a glaring example of unfair trade practice taking the life of a student and it should be mentioned here that O.P is not an educational institution and he assured the complainant for his admission in an educational institution and collected money through installment from time to time. This is an unfair trade practice for which this case is highly maintainable and we find that complainant should get relief from this relief oriented bench of Consumer Court , South 24-Parganas, otherwise tears of the complainant cannot be meted out and alternatively this type of unruly O.P will be encouraged by the order of the judicial proceedings ,if we dismiss the case. So, question of dismissal of the case does not arise since the O.P is not an educational institution and he has squeezed money with an assurance for admission in an educational institution situated at Andhra Pradesh and he has not stopped there and also assured the complainant and other students to purchase tickets at Falaknama Express for their examination for B.Ed Court but ultimately after taking shelter at Guntur Andhra Pradesh complainant came to learn that all these things are fake which is unfair trade practice.
Accordingly, it is
Ordered
That the case is allowed in exparte against the O.P.
The O.P is hereby directed to refund Rs.29,500/- along with interest @15% p.a 22.9.2015 to till its realization within 30 days from the date of this order.
O.P is also directed to pay compensation of Rs.20,000/- and litigation cost Rs.5000/- to the complainant within 30 days from the date of this order failing which, damage per day Rs.100/- will be started from the date of default till its realization and the said amount will be deposited in the Consumer Legal Aid Account.
Complainant is at liberty to execute the order through this Bench after expiry of the stipulated period.
Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.
Member President
Dictated and corrected by me
President
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
Ordered
That the case is allowed in exparte against the O.P.
The O.P is hereby directed to refund Rs.29,500/- along with interest @15% p.a 22.9.2015 to till its realization within 30 days from the date of this order.
O.P is also directed to pay compensation of Rs.20,000/- and litigation cost Rs.5000/- to the complainant within 30 days from the date of this order failing which, damage per day Rs.100/- will be started from the date of default till its realization and the said amount will be deposited in the Consumer Legal Aid Account.
Complainant is at liberty to execute the order through this Bench after expiry of the stipulated period.
Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.
Member President
