Complainant files Hazirah. Today is fixed for delivery of Final Order.
The complainant Miss. Sreerupa Banerjee files this case against the O.P. Sanjiban Hospital, claiming a sum of Rs. 62.000/- (Rupees Sixty Two Thousand Only) along with interest @ 12 % p.a. She also prayed for an order directing the O.P. to pay further amount of tune of Rs. 1,00,000/- (Rupees One Lakh Only) against unfair trade practice and deficiency in service practiced by the O.P. upon the complainant and also for mental stress and agony. She also prays for an order directing the O.P. to pay to the complainant an amount to the tune of Rs. 1,00,000/- (Rupees One Lakh Only) for the cost of litigations and total claim amount to the tune of (Rs. 62,000/-) + (Rs. 1,00,000/-) + (Rs. 1,00,000/-) = Rs.2,62,000/- ( Rupees Two Lakhs Sixty Two Thousand) Only from the O.P.
Notice was issued form this Commission which was duly served upon the O.P. The complainant submitted the track report wherefrom it is clear that notice was duly served upon the O.P. But O.P. did not turned up before this Commission to contest the instant case. Accordingly, the case is taken up for ex-parte hearing.
The brief fact of the case is that the complainant after completion of her H.S. Examination, perused an advertisement in a daily newspaper wherefrom she got an information, that the O.P. is a reputed class 1 Super Speciality Hospital, being a unit of Chikitsabrati Udyog, registered under the West Bengal Societies Registration Act and popularly known to cater the day to day demands and requirements of its patients and also known to offer Diploma Courses in General Nursing and Midwifery claiming to provide flamboyant College infrastructures and is having it’s place of office-cum-business at Sijberia, Fuleswar, Uluberia, under Post Office- Sijberia, Police Station- Uluberia, Districr- Howrah. The complainant observing the lucrative offers broadcasting regarding it’s ongoing admission process with regard to Diploma Courses in General Nursing and Midwifery. She got deeply allured by such lucrative offers of the O.P. decided to take admission in the said Nursing Institution. Thereafter, the parents of the complainant paid a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) to the O.P. towards advance amount for admission fee of the seat booking with the said O.P. where it is stated by the O.P. that the course fee for the aforesaid 3 (Three) years course had been Rs. 3,30,000/- (Rupees Three Lakhs Thirty Thousand Only). The further case of the complainant is that on 06.11.2020 the parents of the complainant had also paid a sum of Rs. 12,000/- (Rupees twelve Thousand Only) in cash, towards 2(Two) months Hostel Fees and subsequently, the O.P. instead of handing-over the actual Prospectus of the O.P’s. Nursing Training Course, they handed-over the Prospectus of some ‘Ayesha School of Nursing’ in Karnataka State, to the parents of the complainant.
It is also the case of the complainant that when the parents of the complainant asked the O.P. regarding such unusual affairs, the concerned representative of the O.P. told that it would not be a major issue as the Nursing Training Institute in their Hospital had been following the footmarks and Prospectus of the said ‘Ayesha School of Nursing’ Karnataka State, since the very inception, and they also assured the parents of the complainant not to be so worried about such matter.
The further case of the complainant is that, her parents requested the O.P. faculties to show them the infrastructure of the said O.P. Hospital and it’s General Nursing and Midwifery Training Institute as previously advertised and broadcasted by them. But the represented of the O.P. told them as the Covid-19 Pandemic had been on the rise, the O.P. Hospital as well as other Nursing Homes, had also been admitting numerous Covid affected patients and it would not be safe to present there and they did not allow the parents of the complainant to even have a glimpse of the infrastructure of the
said Hospital and they directed the parents of the complainant that their Institute would be holding and conducting online classes for every student during the entire Covid Period.
The further case of the complainant is that subsequently, during the end of December 2020 the complainant came to known from various news channels, newspaper publications and various other media sources which clearly broadcasted the news published from the government of West Bengal, Directorate of Health Service, Nursing Section, Swasthya Bhawan, Kolkata, regarding the fakeness and illegal Nursing courses of various institutions and the complainant saw the name of the O.P. there. It is also the case of the complainant that when they came to know the advertisement published in the newspaper regarding fakeness of the O.P. Hospital they become astonished and asked the O.P. to refund the said sum of Rs. 50,000/- (Rupees Fifty Thousand Only) + Rs. 12,000/- (Rupees twelve Thousand Only) = Rs. 62,000/- (Rupees Sixty Two Thousand Only) which the complainant had paid to the O.P. towards booking of seat as well as Hostel Charges for 2(Two) months.
On receipt of the letter dt. 14.01.2021 from the father of the complainant, the representative of the O.P. put-in an endorsement to that letter by stating that the application was not within time.
Subsequently, the complainant was compelled to lodge a Written Complaint against the O.P. before the concerned office of the Assistant Director, Consumer Affairs & Fair Business Practices, Jalpaiguri Regional Office, on 10.01.2022 and on receiving such complaint they had started a specific case against the O.P. asking them for a Tripartite Meeting of Mediation, but, due to the non-co-operation of the O.P. the mediation was failed and the complainant was compelled to take shelter before this Commission and praying for redressal.
Points for consideration
- Whether the complainant is a consumer?
- Whether the case is maintainable under the C.P. Act 2019?
- Whether there is any deficiency in service on the part of the O.P. as alleged by the complainant?
- Is the complainant entitled to get any award and relief as prayed for as per the prayer of the complaint?
All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.
In order to prove the case the Complainant has filed written deposition in chief in the form of an Affidavit. The complainant has also filed some documents along with that examination in chief which are stated as follows:-
List of Annexure filed by the Complainant
- Photo Copy of Money receipt dt. 06.11.2020 issued on behalf of Sanjiban Hospital as Annexure-A
- Photo Copy of another Money receipt dt. 06.11.2020 issued on behalf of Sanjiban Hospital as Annexure-B.
- Original Prospectus of ÁYESHA SCHOOL OF NURSING”, Karnataka handed over to the complainant as Annexure-C.
- Photo Copies of the various paper cuttings and Facebook generated directions as Annexure-D collectively.
- Photo Copy of letter dt. 14.01.2021 as Annexure- E.
- Photo Copies of the entire proceedings initiated by the concerned Office of the Consumer Welfare Officer, Consumer Affairs and Fair Business Practices, Jalpaiguri Regional Office as Annexure-F.
At the time of argument Ld Advocate of the Complainant has stated that , the complainant has been able to prove the case against the OP not only through the written deposition in chief in the form of an Affidavit but also through the documents which they have filed along with their written Examination in Chief.
Having heard the Ld Advocate appearing on behalf of the Complainant and on perusal of the Written Complaint, Examination in Chief along with the documents which are Annexed by the Complainant it reveals that , she claims herself as a consumer as per the provisions of the Consumer Protection Act 2019 and she praying for relief as per her prayer .
Now let us consider whether the Complainant of this case is a Consumer or not.
As per the bare provisions of the Consumer Protection Act 2019 a Consumer means any person who
- buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose;
Definition of service as under:
(o) service means of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news of other information, but does not include the rendering of any service free of charge or under a contract of personal service.
From the basic provisions of the said Act as well as the documents filed by the Complainant it is clearly proves that the Complainant was a consumer under the O.P.
On careful scrutiny of the entire record it is proved that the complainant had deposited a sum of Rs.50,000/- for Booking of seat under KSNC,INC and also paid a sum of Rs. 12,000/- towards hostel charges for two months. It is also proved that the OP institution was declared as fake and to that effect Government of West Bengal Directorate of Health Services, Nursing Section, Swasthya Bhawan, Kolkata relayed a news regarding the fakeness and illegal nursing courses of various institutions which included the name of the O.P. and thereafter, on 14.01.2021 the complainant along with her father had visited the O.P. and demanded the said sum of money which they had already paid to the O.P. It is also proved that as per demand of the complainant the O.P. did not refund the said sum of the Rs. 62,000/- to the complainant and that’s why the complainant was compelled to lodged a written complaint against the O.P. before the office of the Assistant Director, Consumer Affairs and Fair Business Practices, Jalpaiguri Regional Office. But due to adamant attitude of the O.P. the complainant did not get any relief there from.
Considering the unchallenged evidence of the complainant and it’s Annexure we are of the view that the complainant has been able to prove it’s case against the O.P. and she is entitled to get relief.
Hence it is,
ORDERED
That the complainant has been able to proved it’s case and she is entitled to get a sum of Rs. 50,000/- + Rs. 12,000/- = Rs. 62,000/- (Rupees Sixty Two Thousand Only). The O.P. is directed to pay the said sum of Rs. 62,000/- (Rupees Sixty Two Thousand Only) to the complainant within 30 days from this date. The O.P. is further directed to pay a sum of Rs. 10.000/- (Rupees Ten Thousand Only) as compensation to the complainant against the unfair trade practice and deficiency in service. The O.P. is also directed to pay a sum of Rs. 10.000/- (Rupees Ten Thousand Only) to the complainant towards the cost of litigation. The O.P. is also directed to pay a sum of Rs. 10.000/- (Rupees Ten Thousand Only) to the Consumer Legal Aid Fund in default of payment of the awarded amount within the stipulated period as stated above the Complainant/Dhr. would be at liberty to execute the same as per law and the JDR will have to pay interest at the rate of 9% per annum till payment of the decreed amount.
Copies of the Judgement be handed over to the parties free of cost.
