DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

   SOUTH 24 – PARGANAS,

   AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144

C.C. CASE NO. 31,32,33,34,35,36,37  & 39  OF 2018

DATE OF FILING: 5.3.2019                DATE OF JUDGEMENT:  23.9.2019

Present                 :   President       :   Ananta Kumar Kapri

                                 Member         :   Jhunu Prasad & Jagadish Chandra Barman                          

COMPLAINANT    :  In C.C no. 31 of 2019

                                      Anurab Biswas, son of Tapash Biswas of Saila Plaza,  36/7, C.N Roy Road, Kolkata-39

                                       In C.C no. 32 of 2019                                         

                                     Saikat Mandal, son of Kshemananda Mandal, Haridas Nagar, Raghunathganj, Murshidabad-742225

                                   In C.C no. 33 of 2019

                                            Suvajeet Datta, son of Tarit Datta of 10B/1A, Mukherjee Para Lane, Dhakuria, Kolkata-31.

                                  In C.C no. 34 of 2019

                                  Ankit Singh, 1B, Shantineer Apartment, 385, Dumdum Paark, Lake Town, Bangur Avenue, S.O Kolkata-700 055.

                                  In C.C no. 35 of 2019

                                  Nita Pal, d/o Jayanta Kumar Pal, 9/33, Eastern Avenue, Durgapur-713305

                                  In C.C no. 36 of 2019 

                                  Kaushik Guha Roy, B-318, Brahmapur Northern Park, Kolkata-70.

                                  In C.C no. 37 of 2019

                                  Sourav Dutta, son of Nityajit Dutta, Mitra Compound Station Road, Midnapore, Paschim Medinipur-7787.

                                  In C.C no. 39 of 2019

                                  Sayani Pal, BA-127, Action Area-1, Street No. 101, Newtown, Kolkata-163

• VERSUS  -

JUDGMENT

Sri Ananta Kumar Kapri, President

               All the cases as mentioned above arise from common facts and circumstances and, therefore, all the cases are disposed of by the common judgment.

               The nub of the  facts leading to the filing of the instant case by the complainant runs as follows.

               The complainants got themselves admitted to the O.P College in different courses of Engineering and during admission they also paid admission fee along with caution money to the Institute. They also completed their course and thereafter submitted application before the Institute ,praying for refund of caution money. But the Institute turned a deaf ear to the requests of the complainants and the O.Ps did not pay the caution money to the complainants. Therefore, the complainants have filed the instant  case , praying for refund of caution money to them and also for payment of compensation etc. Hence, this case.

             The O.P Institute has been contesting the case by filing written version ,wherein it is contended inter alia that the education is not a commodity and, therefore, the instant cases are not maintainable in law. According to the O.P Institute, the complainants are not entitled to get refund of the money as prayed for and, therefore the cases should be dismissed in limini with cost.

             Upon the averments of the parties, the following points are formulated for consideration.

                                      POINT FOR DETERMINATION

1. Is the O.P  guilty of deficiency in service as alleged by the complainant?
2. Are the complainants entitled to get relief or reliefs, if any,  as prayed for?

  EVIDENCE OF THE PARTIES    

          Petition of complaint is treated as evidence of the complainant vide their petitions dated 27.6.2019.  The O.P has filed evidence on affidavit and the same is kept in the record after consideration.

DECISION WITH REASONS

Point no.1 & 2 :

          Already heard the submissions of Ld. Lawyers appearing for the parties. Perused the petition of complaint, written version and the documents placed on record by the parties. Considered all these.

          Now to see whether the complainants are entitled to get the refund of caution money which was deposited by them with the O.P institute. To bring home their points ,the complainants have filed a copy of circular issued by AICTE. The relevant portion of the Circular is quoted herein below.

                                         AICTE  REFUND  POLICY

          “In the event of a student / candidate withdrawing before the starting of the course, the entire fee collected from the student after a deduction of the processing fee of not more than Rs. 1,000/- (Rupees One thousand only) shall be refunded/returned by the Institution. It would not be permissible for Institutions to retain the School/Institution Leaving Certificates in original. If a student leaves after joining the course and if the vacated seat is consequently filled by another student by the last date of admission, the Institution must refund the fee collected after a deduction of the processing fee of not more than Rs. 1,000/- (Rupees One thousand only) and proportionate deductions of monthly fee and proportionate hostel rent, where applicable. In case the vacated seat is not filled, the Institution should refund the security deposit and return the original documents. Institution should not demand fee for the subsequent years from the students cancelling their admission at any point of time. Fee refund along with the return of Certificates should be completed within 7 days.”

           It is not disputed that the complainants were admitted to the O.P Institute and that they deposited the admission fee including the caution money. Caution money of Rs.10,000/- was deposited by the complainants in each and every cases except C.C. no. 39 of 2019 wherein the complainant has deposited Rs.30,000/- as caution money with the Institute. The O.P Institute is bound to obey the circular issued by AICTE ; they will have to refund the caution money to the complainant. Refusal on their part to release the caution money in favour of the complainants is nothing but gross deficiency in service on their part. The complainants have certainly undergone harassment and mental agony due to such refusal of the O.P Institute. They i.e the complainants are entitled to relief and the relief is granted accordingly as hereunder.

           In the result, the cases succeed .                                                                                                                                                                                                                                                                                                                                                                                                                                                                 

            Hence,

                                                     ORDERED

            That the complaint cases be and the same are decreed on contest against the O.P with a cost of Rs.5,000/- in each of the cases.

           The O.P  is directed to refund Rs.10,000/- to the complainants in each of the cases except C.C no. 39 of 2019 ,wherein the O.P will have to pay Rs.30,000/- to the complainant , and a sum of Rs.5000/- as compensation within a month of this order, failing which, the compensation amount , cost amount and the caution money will bear interest @10% p.a till full realization thereof.

           Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.

                                                                                                                   President

I / We agree

                             Member                         Member

          Dictated and corrected by me

                             President