C.F. CASE No.                      :            CC/13/30

COMPLAINANT                  :           Md. Affajuddin Mondal,

                                    S/o Lt. Md. Rahim Box Mondal,

                                    Vill. Palladah (Near Water Pump),

                                    P.O. Kataganj, Dist. 24 Pgs. (N)

                                    Pin – 741250

• Vs  –

OPPOSITE PARTY/OP          :        Principal,

                                    Ideal Institute of Engineering,

                                    Kalyani Shilpanchal, Kalyani,

                                    Dist. Nadia, Pin – 741250                                                                  

PRESENT                 : SHRI PRADIP KUMAR BANDYOPADHYAY, PRESIDENT

   : SMT REETA ROYCHAUDHURY MALAKAR, MEMBER

DATE OF DELIVERY                                             

OF  JUDGMENT                         :  04^th June, 2013

:    J U D G M E N T    :

            This is a case under Section 12 of the Consumer Protection Act.  The facts of the case to put, in a nutshell, are as below:-

            The complaint was filed by Md. Affajuddin Mondal personally along with the documents showing booking of seat of his son in the Ideal Institute of Engineering.

            The case was filed on 03.04.13 with a prayer to return of Rs. 25,000/- as his son did not pursue mechanical engineering in the institute of OP.   Provisional admission was taken on payment of Rs. 25,000/- in mechanical stream in the college of the OP.   The claimant has also prayed for litigation cost and interest on the money paid.

Ideal Institute of Engineering contested the case by filing a series of documents including government order.  I have heard both sides’ argument at length.  The claimant did not appoint any lawyer to contest his case, but the OP, Ideal Institute of Engineering has challenged the maintainability of the case and pleaded that there was a loss as claimant did not take admission and continue his studies in the institute of OP.

            We have meticulously gone through the government Order No. 239/Edn/(T)/4E-10/12 dtd. 05.06.12 wherein the norms of admission online e-counselling process, admission to government engineering college and private engineering college and the cancellation of allocation with penal deduction have been provided.  There is a provision of decentralize counselling scrutinizing of forms and finalization of candidates based on inter-se merit.

POINTS FOR DECESION

1.             Is the case maintainable?
2.        Is the complainant entitled to get any relief?

REASOND DECISIONS

            Both the points are entwined with each other.  Hence, we take up both of them together.

            We have given patient hearing to both the parties and scrutinized all the documents before us.  It is clear that the Prof. K. Roy, registrar has been authorized to represent the OP institute.  Md. Rofiuddin Mondal was initially allotted electrical engineering as per first option.

            In the undertaking given by Md. Affajuddin Mondal and Md. Rofiuddin Mondal we find that it has been undertaken that the institute shall not be liable for any claim if the candidates fail to take final admission against the occupied seat.  It is further clear that Rs.25,000/- was taken by the Ideal Institute / the OP, i.e., for direct admission.  Unfortunately, the candidate, the son of the complainant did not pursue his studies in the institute of OP.

            Perused the order of the Assistant Director, Consumer Affairs.  A tripartite meeting was scheduled to hold at the Office of the A.D., but there was no fruitful result.  It has been pleaded that the candidate wanted mechanical department in lieu of electrical department.  We perused all the documents filed by the complainant and we find letter on mechanical engineering was offered in place of electrical engineering.  However, there is no document to that effect.  14 vacant seats in the mechanical engineering were lying with the institute and hence, the claimant’s son was accommodated.  Thus, in view of the strict government order No. 239/Edn/(T)/4E-10/12 dtd. 05.06.12 and also in view of the counselling schedule and change of the stream we are inclined to hold that the present complaint is not maintainable.

            There was direct admission on 05.07.12 and allotment list was given on 12.07.12.  Hence, we found no laches on the part of the OP institute.  Neither the full payment was made by the complainant’s son or the complainant nor the government fee was given for pursuing studies in engineering.  Rather we find that due to non-payment of the residual sum the institute suffered some loss.

            Be that as it may, we are not inclined to any penal provision at the closing chapter of the writing judgment.  Hence, both the points are disposed of in the negative against the complainant.

Hence,

Ordered,

That, the case CC/13/30 be and the same is dismissed on contest.  No cost.

Let a copy of this judgment be delivered to the parties free of cost.