Judgment dated 27-07-2016

            This is a complaint made by one Susanta Mitra Against Salil Sarkar praying for compensation for no consultation and mental and physical condition decreases to the tune of Rs.2,00,000/- and litigation cost of Rs.50,000/-.

            Facts in brief are that OP Salil Sarkar is a Consultant of General & Professional Consultancy of LL.B. 3years course. Complainant came into contact with OP and would learn that Rs.80,000/- has to be given for total course fee for LL.B 3years. Complainant paid Rs.60,000/- by different cheques but he did not receive  any consultation. Further Complainant has asserted that he is a cardiac patient and due to not receiving consultation from OP his physical and mental condition deteriorated. So he filed this complaint.

            OP Salil Sarkar filed written version and has denied all the allegations of the complaint. Further OP has stated that he provided consultation to the Complainant. OP has alleged that since Complainant is police personnel he could not attend the examination and so he could not complete LL.B 3years course. There is no deficiency in service. Hence OP has prayed for dismissal of this case.

            On the basis of above facts the complaint was admitted and OP contested this case by filing written version. Complainant has filed affidavit-in-chief to which OP has filed questionnaire which has been replied by Complainant. Thereafter OP has filed affidavit-in-chief to which Complainant has filed questionnaire which has been replied by OP. Both the sides have filed written argument.

Decision with reasons

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the prayer portion it appears that Complainant has prayed for compensation to the tune of Rs.2,00,000/- for not receiving consultation by the OP.

            There is no dispute that Complainant paid Rs.60,000/- to the OP. Documents filed on behalf of OP reveals that OP deposited Rs.8,180/- for admitting Complainant to the G. M. Law College, Puri. Further it appears that Rs.1,805/- appears to be deposited G. M. Law College, Puri . Rs.595/- has also been deposited to G. M. Law College, Puri. The Prospectus of G. M. Law College, Puri  is also filed.

            On perusal of affidavit-in-chief of both the sides and questionnaires and also affidavit-in-reply it appears that bone of contention is that Complainant did not receive any consultation beside paying Rs.60,000/-. On the contrary OP contents that he provided consultancy to the Complainant. But Complainant did not avail the service. So it is clear that fault is on both the sides. In the circumstances if a direction for refund of Rs.30,000/- is granted the justice would be served and neither of the parties shall feel agreed.

            Hence,

O R D E R E D

            CC/93/2015 and the same is allowed in part on contest without cost. OP is directed to pay Rs.30,000/- to the Complainant within two months of this order, in default, the amount shall carry interest @ of 12% p.a. and Complainant shall be at liberty to realize the money from OP on execution.