West Bengal

Paschim Midnapore

CC/150/2015

Nityananda Das - Complainant(s)

Versus

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

Somasish Panda

21 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

and

 Kapot Chattopadhyay, Member.

   

Complaint Case No.150/2015

 

             Nityananda Das, S/o Sib Prasad Das, Vill. Kharipara, P.O. Benadihi, P.S. Keshiary,  

              Dist Paschim Medinipur. …………..…………………………...……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 Nityananda Das 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 the complainant is a permanent resident of village Kahripara within the jurisdiction of this Forum.  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, Midnapore 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.90,618/- 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. They arranged for installments for the aforesaid course fees and thereafter the complainant paid Rs.5,618/- on 02/09/2014  as booking amount. Thereafter the complainant paid Rs.40,000/- on 21/09/2014  to the opposite party and  he also paid the remaining charges of  Rs.15,000/- on 18/10/2014,  Rs.15,000/- on 11/12/2014   and the remaining amount of course fees  of Rs.15,000/-  to the O.P.  Thereafter the said institution provided a bonafide certificate on a letterhead pad of BINDO BIHARI MAHATO MEMORIAL TEACHERS TRAINING COLLEGE, Dhanbad containing the information regarding admission of the complainant in the said college.  The complainant went to the aforesaid college on 23/08/2015 for confirmation of enlistment of his name as admitted student in B. Ed course for the period of 2014-2015 but he was informed that no such bona fide certificate was issued in his favour from the said college. The complainant then went to the opposite parity’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 numbers of students in the same way by giving false assurance of admission in B. Ed course.  After receiving 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.90,618/- along with up-to-date interest, litigation cost of Rs.5,000/-  and Rs.40,000/- as compensation for mental pain, agony and loss of educational carrier.

Contd……………….P/3

 

 

( 3 )

                  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, two documents were marked as exhibit-1 to 2 respectively.

            In his evidence, the complainant has fully corroborated his case of the petition of complaint.  The documents (exhibit- 1 to 2), 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 2), 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.150/2015 is allowed  ex-parte against the opposite parties with cost.  Opposite parties are directed to return the admission fees of Rs.90,618/- 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.40,000/- 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

             

                           President                                  Member                               President

                                                                                                                    District Forum

                                                                                                                 Paschim Medinipur