West Bengal

Paschim Midnapore

CC/152/2015

Chandan De - Complainant(s)

Versus

Merit Educational Institute Pvt. Ltd. - Opp.Party(s)

Mr. Somasish Panda

21 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President

And

  Kapot Chattopadhyay, Member.

   

Complaint Case No.152/2015

 

             Chandan De, S/o Nirmal Chandra De, Vill. Lalbazar, Vatigora, P.O., P.S. & Town-Bankura,

              Dist Bankura….…………..………………………………...……Complainant.

                                                                              Vs.

1)Merit Educational Institute Private Ltd., Represented by Director Santanu Sarkar and Nilima Sarkar, Office address” 40/1 M.G. Road, Sealdah, Kolkata-700001,

2)Residential Address:- MITRA Colony, Station Road, Swapnanir Apartment, D/-2^nd Floor, P.O. & Town Medinipur, Dist Paschim Medinipur,

3)Merit Educational Institute Private Ltd., Medinipur Branch Office, Represented by Branch –in-charge, Akshay Kumar Mondal, S/o Lt. Sankar Prasad Mondal, Vill. Chakmansur, P.O. Enayetpur, P.S. Kespur, Dist Paschim Medinipur……….Opp. Parties.

                                                    

              For the Complainant: Mr.  Somasish Ponda, Advocate.

              For the O.P.               : Mr. Shirshendu Kumar Maity, Advocate.

 

Decided on: -21/12/2016

                               

ORDER

                          Bibekananda Pramanik, President-This is an application under sections 12,13 & 14 of the C.P. Act, filed by the complainant Chandan De against Merit Educational Institute Private Ltd. represented by it’s Directors Santanu Sarkar and Nilima Sarkar and another.

                        Facts of the case, in brief, is that opposite party-Merit Educational Institute Private Ltd. is a registered concern under the list of Ministry of Corporate Finance

Contd……………….P/2

 

 

( 2 )

being CIN:-U80902WB2012PTC173544 and dealing with arrangement of different educational course for admission in B. Ed course and other training courses in different Universities against payment of fees.  The said institution published an advertisement in a weekly paper named KARMASANGSTHAAN and after reading out the said advertisement, the complainant came to know from the local office of the opposite party at Keranitola, Station Road, Mednipore town that they will arrange for admission in B. Ed course under affiliated reputed University of India for which the complainant will have to pay Rs.90,000/- towards course fees.  Complainant expressed his inability to make payment of the total fees at a time and requested for installments for payment of the said course fees.  Thereafter the complainant paid Rs.20,000/- on 24/07/2014 to the opposite party and he also paid the remaining charges 70,000/- to the opposite party in four installments through issuance of four cheques vide no.080377 dated 02/09/2014 of Rs.25,000/-, vide no.080378 dated 09/10/2014 of Rs.15,000/-, vide no.080380 dated 22/11/2014 of Rs.15,000/- and vide no.080381 dated 03/02/2015 of Rs.15,000/-.  Thereafter the O.P. provided an admission confirmation letter in a letter head pad of Ashu Kishu Memorial and Rabi Kisku Teachers Training Institute, Jharkhand.   Thereafter the said institution instructed the complainant for joining the coaching class arranged by the institution’s branch office at Midnapore. Complainant attended the coaching class for six months and thereafter the intuition informed the complainant that Ashu Kishu Memorial and Rabi Kisku Teachers Training Institute cancelled the admission of the said course.    Thereafter the institution issued a bonafide certificate to the complainant on a letterhead pad of Dr. C.V. Raman University, Bilaspur containing the information regarding admission of the complainant. Complainant then went to the aforesaid college for confirmation of enlistment of his name as admitted student in B. Ed. Course for the period of 2014-2015 but he came to know that no such bonafide certificate was issued in his favour from the aforesaid University. Thereafter the complainant went to the opposite party’s branch office at Medinipur and requested them either to make arrangement for admission in B. Ed. course or to return the course fees which they received from him but they did not pay any heed to the said matter.  Thereafter the opposite party closed their branch office at Medinipur town.  Complainant then realized that he has been cheated by the opposite party.  Such act of the opposite party is nothing but gross deficiency in service but also an unfair trade practice and for such act of the O.P., the complainant has already lost one year of his student carrier.  On 11/08/2015, the complainant came to know from a daily newspaper that the opposite party’s institution has cheated huge number of students in the same way by giving false assurance of admission in B. Ed course.  After receiving

Contd……………….P/3

 

( 3 )

such news, the complainant again went to the branch office of the opposite party at Medinipur on 12/08/2015 and found that the office was closed.  Hence the complaint, praying for directing the opposite parties to return  the admission fees of Rs.90,000/- along with up-to-date interest, litigation cost of Rs.5,000/-  and Rs.50,000/- as compensation for mental pain, agony and  loss of educational carrier.

                   Opposite party no.3 duly received notice of this case and he also appeared in this case but subsequently opposite party no.3 did not appear to contest this case.  The case was therefore ordered to be heard ex-parte against him.

                 Registered notice upon opposite party no.1 on it’s office address and residential address was returned unserved with postal endorsement left without address.  Thereafter on prayer of the complainant, notice was published in a local newspaper but in spite of publication of such notice, opposite party-Merit Educational Institute Private Ltd., represented by it’s Directors Santanu Sarkar and Nilima Sarkar did not appear to contest this case for which the case was ordered to be heard ex-parte.  Hence, the ex-parte hearing.

               To prove his case, the complainant has tendered a written examination-in-chief supported by affidavit in evidence and he was also examined on oath as PW-1.  During his evidence, three documents were marked as exhibit-1 to 3 respectively.

               In his evidence, the complainant has fully corroborated his case of the petition of complaint.  The documents (exhibit- 1 to 3), relied upon by the complainant, also support the oral evidence of the complainant.

              So, in view of the oral evidence of PW-1 as well as documentary evidence (exhibit- 1 to 3), remaining unchallenged, it is held that the complainant’s case is proved and he is entitled to the reliefs, as prayed for. 

                                                  Hence, it is,

                                                     Ordered,

                                      that the complaint case no.152/2015  is allowed ex-parte against the opposite parties with cost.  Opposite parties are directed to return the admission fees of Rs.90,000/- to the complainant with interest @ Rs.9% p.a. from the date of filing of this case.  Opposite parties are further directed to pay litigation cost of Rs.5,000/- and a sum of Rs.50,000/- as compensation to the complainant.  All such payment shall be made within a month from this date of order.

                               Let a plain copy of this order be given to the complainant free of cost.

                 Dictated & corrected by me

                               Sd/-                                         Sd/-                                       Sd/-

                           President                                Member                                 President

                                                                                                                    District Forum

                                                                                                               Paschim Medinipur