West Bengal

Purba Midnapur

CC/482/2017

Sri Shubhranil Dhara - Complainant(s)

Versus

Priyabrata Bhattacharjya alias P Bhattacharjya - Opp.Party(s)

Susanta Santra

05 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
PURBA MEDINIPUR
ABASBARI, P.O. TAMLUK, DIST. PURBA MEDINIPUR,PIN. 721636
TELEFAX. 03228270317
 
Complaint Case No. CC/482/2017
 
1. Sri Shubhranil Dhara
S/O.: Sunil Kumar Dhara, Vill.: Dakshin Gopalpur, P.O. & P.S.: Panskura, PIN : 721139
Purba Medinipur
West Bengal
...........Complainant(s)
Versus
1. Priyabrata Bhattacharjya alias P Bhattacharjya
National Institute of Professionals, having it's registered Office, At. Uttarayan Apartment, Santipur (4th Floor), New Mecheda Railway Station, P.O.: Mecheda, P.S.: Kolaghat, PIN : 721137
Purba Medinipur
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Bandana Roy,W.B.J.S.,Retd PRESIDENT
 HON'BLE MRS. Anshumati Nanda MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 05 Dec 2017
Final Order / Judgement

By :  SMT. BANDANA ROY, PRESIDENT

                 The case of the petitioner in brief is that he is a B.Sc. (Hons. In Physics). He is still an unemployed. The complainant once notice the advertisement of the OP, provider of job in banks etc.  Being convinced the complainant wanted to take the training and deposited a sum of Rs. 7000/- to the OP  in three instalments. The complainant took admission in the institution of the OP on 21.03.2016. After stipulated training for two months, the complainant was asked to appear  in an examination on the basis of an Admit card provided by the OP. In the  admit card it was written NIP-CBF, Batch B21, Branch Mechada, Roll No. 002, Examination at 16.05.2017 and Examination value Mechada.  Thereafter the OP handed over the complainant a CERTIFICTE  OF ACHIEVMENT and told that on the basis of this certificate the complainant would get a job in  private banks. But when the complainant tendered this certificate to the bank officials seeking appointment, they laughed at him and told that the certificate was worthless. At this the complainant many times knocked the door of the OP for return of the amount of Rs. 7,000/- for the worthless certificate. But the OP did not care. Lastly on 18.07.2017 he sent a letter through his advocate for return of the amount but then also it was in vain.

            The complainant has filed this case with the prayers made in the plaint on the ground of unfair trade practice on the part of the OP.

            Summons was served upon the OP and the OP was represented by ld. lawyer who prayed for time to file WV but did not file any WV or contested the case. So, the case is heard ex parte against the OP. On the basis of the above pleading the following issues required to be considered (1) whether the complaint is maintainable and whether the complainant is entitled to get the reliefs as prayed for.

DECISION WITH REASONS.

Both the issues are taken up together for consideration for their inter-relatedness.

            We have carefully examined entire materials on record and also given our anxious consideration to the arguments advanced by the ld. advocate for the complainant. Seen the certificate of achievement and the receipt issued on behalf of the OP Institute in favour of the complainant wherein name of the applicant has been inserted as Shubhranil Dhara and the said Subhranil Dhara signed the receipt as the applicant.

            In view of the uncontroverted documents filed by the complainant and also in view of the unequivocal statements made by the complainant in the petition of complaint we are of the view that the complaint petition is maintainable and the complainant is entitled to get the reliefs as prayed for.

In view of the aforesaid discussion, it is,

                                                              ORDERED

            That the CC No. 482 of 2017 be and the same is   allowed ex parte against the OP Institution

            The OP is directed to pay Rs 7000/- along with a compensation of Rs. 2000/- and litigation cost of Rs. 2000/- within one month from the date of this order, id, the OP will be charged with an interest of 9% per annum on the total awarded amount which will be payable to the complainant till final and full satisfaction of the awarded amount.

            Let copy of this order be supplied to both the parties free of costs.

 
 
[HON'BLE MRS. Bandana Roy,W.B.J.S.,Retd]
PRESIDENT
 
[HON'BLE MRS. Anshumati Nanda]
MEMBER

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