Judgment : Dt.10.7.2017

            This is a complaint made by one Sri Sushovan Chaudhury, son of Swapan Kumar Chowdhury, residing at Kumud Villa, Narayanpur, P.O.-Balurghat, P.S.-Balurghat, Dist.-Dakshin Dinajpur, PIN-733 101 against NIMTT Computer Technology Pvt. Ltd. NIMTT Building, 47, Raja S.C.Mullick Road, Jadavpur, Kolkata-700 032, praying for refund of the amount paid as Course Fee with interest.

            Facts  in brief are that Complainant got admitted in PHD Course in Computer Science and Engineering Dept. on 2.11.2011 with the OP. OP used to run as a franchise of several University courses. So, Complainant applied for PHD Course through this institution. OP made several false promises and did not pay heed to the Complainant’s needs. OP admitted Complainant in CMJ University and took Rs.37,000/- as admission fee. Thereafter, OP took more money in installments. On 4.10.2012 OP took Rs.5,000/- as Course Fee and Rs.2,000/- as examination fee. Subsequently, Complainant knew that the University for which he paid fees was a fake University. The petitioner demanded the refund of the Course fee. But, OP again lured Complainant for another University and settled that the amount paid will be adjusted. Complainant believed and waited for about 3 years. On 7.5.2016, Complainant again deposited Rs.35,000/- only to the Bank Account of the Institution. This time Complainant wanted to verify the authenticity of the Institution and went to Churu, Rajasthan. Complainant knew that OPJS University does not exist. So, Complainant lost the total amount of Rs.79,000/-. Complainant made several requests for refunding of the Course fee. But OP did not pay any heed to his requests. So, Complainant filed this case.

            OP filed written version wherein he has denied the allegations of the Complainant. OP has also stated that by a notification d t.123.4.2013, the activities of the CMJ University were suspended. Further, OP has stated that the allegations made by the Complainant are false and baseless. So, the complaint should dismissed.

Decision with reasons

            Complainant filed affidavit-in-chief to which OP filed questioner and against this Complainant filed affidavit-in-reply. Similarly, OP filed affidavit-in-chief to which Complainant filed questioner and OP filed affidavit-in-reply.

            Main point for determination is whether Complainant is entitled to the relief as prayed in the complaint petition.

            Complainant has prayed for refund of the Course Fees mentioned above. On perusal of the complaint petition, it appears that Complainant paid Rs.37,000/- and  again Rs.35,000/- as Course Fee. However, Complainant could not attend the Course for which he paid fees. At the time of argument, OP submitted that OP took the money as stated by the Complainant and they also wanted to refund a portion of the money they received. But, Complainant did not cooperate with the OP. On perusal of the document, it appears that OP received Rs.35,000/- on 7.5.2016 and Rs.37,000/- on 1.11.2011 i.e. Complainant paid Rs.72,000/- to the OP. In addition, Complainant paid Rs.5,000/- also on 4.10.2012 to the OP. So, OP is liable to refund Rs.77,000/- to the Complainant. Complainant has also prayed for compensation of Rs.1,00,000/-. However, Complainant has not made out any ground and since he waited for about 5 years, it can be said that Complainant is not entitled to any compensation.

            Hence,

ordered

            CC/615/2016 is allowed on contest. OP is directed to refund Rs.77,000/- within three months of this order, in default the amount shall carry interest @ 10%p.a.