West Bengal

Bankura

CC/13/2019

Sri Ranjit Ruidas - Complainant(s)

Versus

Mr. Shilpix Biswas - Opp.Party(s)

Tapan De

10 Apr 2023

ORDER

    IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

  Consumer Complaint No. 13/2019

Date of Filing: 15.02.2019

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld Advocate Tapan De

For the O.P.None

Complainant  

Sri Ranjit Ruidas, S/o Late Gopal Ruidas, Village – Korpa, P.O. Madanmohanpur, P.S. Kotulpur, Dist. Bankura, Pin – 722141

 

Opposite Party          

Mr. Shilpix Biswas, Physics Teacher of Pathfinder, 141, K.C.C.C. Sarani, Najrul Park, Bhadreswar, Hooghly – 712124

FINAL ORDER / JUDGEMENT  

Order No.38

Dated:10-04-2023

The case is fixed for Ex-parte hearing.

Hazira is filed on behalf of the complainant through advocate.

No step is taken by the O.P.

The case is taken up for Ex-parte hearing.

The complainant’s case is that he got admitted in the Course of NEET, CRP Course through Path Finder, Tarakeswar Centre for the Session 2017-18 where he studied up to 08-12-2017. During such course the complainant came in contact with O.P. who happens to be a Physics teacher of said Path Finder who offered the complainant for admission in Veterinary Course in Govt. Colleges and for that O.P. demanded donation of Rs.3 Lakh. Being convinced with the offer the complainant advanced Rs.1 Lakh to O.P. with the financial assistance of his uncle Ghanashyam Ruidas and his close relatives. Thereafter the complainant having got better chance at Kalyani after passing WBJEE could not therefore attend the Veterinary Course as offered by the O.P. The Complainant on several occasions requested the O.P. for refund of the said advance of Rs.1 Lakh but the O.P. deliberately failed to do so.

Hence, this case.

                                                                                                                                                                                        Contd…..p/2

Page: 2

The O.P. did not come forward to contest the case by filing any written statement in spite of service of notice.

-:Decision with reasons:-

Having regard to the facts of the case, materials on record and the submission and contention of the Ld. Advocate for the complainant the Commission finds that this is purely a case of cheating alleged to have been committed by the O.P. against the complainant for not returning the advance money of Rs.1 Lakh which the complainant paid to the O.P. for getting admission in Veterinary course as offered by the O.P. The complainant could not produce scrap of papers to establish the aforesaid money transaction between the complainant and the O.P. Payment of money to the O.P. through the relative and well wishers through their bank account will not establish the monetary transaction between the complainant and the O.P.           

The facts of the case and the nature of transaction does not indicate that the complainant is a consumer under the Consumer Protection Act, 2019 as there is no agreement between the parties for offer and acceptance of any valid and legal service. Offer of the O.P. for admission of the complainant in the Veterinary course in exchange of money cannot be considered as valid and legal service within the meaning of the definition of service under the Consumer Protection Act. Only remedy lies with the complainant is to pursue criminal action against the O.P. Accordingly the case has no merit.

Hence  it is ordered……..

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this Order free of cost.  

 

  ____________________                ________________               _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER          HON’BLE MEMBER