West Bengal

Paschim Midnapore

CC/110/2014

Sudip Majhi. - Complainant(s)

Versus

Sandip Banarjee. - Opp.Party(s)

24 Jul 2015

ORDER

                                                           DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President, Mrs. Debi Sengupta, Member

and  Kapot Chattopadhyay, Member.                                               

                                                       

Sri Sudip Majhi……………….……Complainant

Versus

Sri Sandip Banerjee ………….……..Opp.-Party.

Complaint Case No.110/2014

For the Complainant : Mr. Ashim Kumar Dutta, Advocate.

For the O.P.               :   -

Decided on: - 24/07/2015                               

ORDER

        Kapot Chattopadhyay, Member-Complainant is a permanent resident of Vill. Natdighi, P.O. Dhangaon, P.S. Contai and District Purba Medinipur and OP and his office situated at M.M.Nagar, Police line, P.S. Kotwali, Dist.Paschim Medinipur within the jurisdiction of honour's Court. The complainant is a student and his qualification is M.Sc.in Zoology, OP. No.l published an advertisement on 10/08/2013 in Anandabazar Patrika for admission in B.Ed.Course for the Session 2013-2014 in his Organisation name and style Admission Point from U.G.C. recognised University and N.C.T.E affiliated Colleges under Kurukshetra University and other recognised University.

Contd……..P/2

 

• ( 2 ) -

            As per advertisement of the OP. No.l, the complainant contracted with the OP. No.l to his contact number published by the OP. No.l and the OP. No.l advised the complainant to come at their office with Original Mark-sheet, Admit card and OP. also assured that he will arrange for admission in B.Ed. Course under Kurukshetra University.

            As per advice by the OP. the complainant attends in the office in name and style “Admission Point" of the OP. No.l on 18/08/2013 and fill up the form supplied by the OP. No.l and the OP. No.l told the complainant that total course fees is Rs.60,OOO/- and complainant deposited Rs.15,OOO/- on 18/08/2013 as first installment for B.Ed. Cou.rse and OP.  received the same and also wrote that he received the 1st installment and OP. No.l did not supply the copy of prospectus and only show the prospectus in his office and OP. No.l again assured the complainant  that he arranged everything.

         As per contact the complainant deposited Rs.5000/- on 26/08/2013 as second installment and also submitted the migration certificate and OP No.1 received the same and the complainant deposited third installment of Rs.10,000/- on 10/11/2013 and complainant against deposited for the installment of Rs.15,000/- on 17/12/2013 and complainant deposited fifth installment of Rs.5000/- on 16/02/2014 and complainant again deposited Rs.10,000/- on 15/03/2014 as sixth installment and the OP NO.1 also received Rs.4500/- as practical fees on 15/03/2014 and also OP NO.1 endorsed that the complainant paid all fees on 15/03/2014 and OP NO.1 received all the installment money and other money with proper receipt.        

                     The OP NO.1 verbally told that the Kurukshetra University arranged for final examina tionon 30.6.2014 and the OP NO.1 also advised the complainant for appear in final examination at Kurukshetra University Hariyana without serving any admit card and OP NO.1 also received Rs.5000/- for fooding and lodging without any receipt. As per advised of the OP NO.1 the complainant appeared for examination of City College of Education in Hariyana OP NO.2 on 28.6.2014 .i.e. Principal of said College informed the complainant that OP NO.1 send only one Cheque for Education fees but said cheque already bounced and College authority did not pay par or deposit any fees to the Principal of the City College by OP NO.1and OP NO.2 also told if the complainant able to deposit Education fees before the College Authority before examination the College Authority OP NO.2 will give permission the complainant to appear in the B. Ed. Final examination and the complainant contracted with OP NO.1 by Phone but OP NO.1did not receive the Phone.

Contd……..P/3

 

• ( 3 ) -

            There is no alternative complainant deposited Rs.10,000/- before the City College authority OP NO.2 and also requested for further sum of  Rs.24,100/- the complainant will deposit before the College authority at the time of receiving the mark-sheet  The principal of City college authority also told the complainant to declare by affidavit that he will deposit the balance of  Rs.24,100/- in schedule time within 30/9/2014 otherwise College authority OP NO.2 will cancel the admission of B.Ed. course and also they will take legal action against the Complainant. The complainant swears the affidavit as per advice of OP NO.2 and filed the same before City College Authority OP NO.2 and after receiving the affidavit the college authority gave the admit card to the complainant to appear in the examination in City College at Hyderabad on condition that the complainant will deposit Rs.24,100/- within 30/09/2014 before the City College Authority OP NO.2 within 30/09/2014.

Decision with Reasons

               That such repudiation in illegal and there is from deficiency of service from the side of OP.  That the complainant being a consumer is caused by the provision of the consumer Protection Act under the given facts and circumstances and observation above this is a fit case held that the complainant has proved the allegation of deficiency of service against the OP.

 

               Hence,

                         It is Ordered,

                                             that the complainant case be and the same is allowed ex parte.

                 The complainant do get the dispute amount payable by the OP.  OP No.1 is directed to return all fees Rs.69,500/- with panel interest and  also harassment cost of Rs.10,000/- from this date of order in default the complainant is liability to proceed the matter before the Forum, in accordance with the provision of law in this behalf.

Dic. & Corrected by me            

               Sd/-                                              Sd/-                                            Sd/-

           Member                                       Member                                      President                                               

                                                                                                               District Forum

                                                                                                            Paschim Medinipur.