DATE OF FILING                    :     14.07.2014.

DATE OF S/R                            :      18.08.2014.

DATE OF FINAL ORDER      :     23.12.2014.

Sri Rajdeep  Chowdhury

son of Sri Kamal Prasad  Chowdhury

residing at village Konnagar, P.O.  Ghatal,

District Paschim Midnapur. …………………………………………  COMPLAINANT.

• Versus   -

Seacom Engineering College

( a unit of Seacom Marin  College Trust ) Camps Jaladhulagori, P.S. Sankrail, District Howrah, West Bengal,

PIN 711302. …………………………………………………………OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

      Member       :     Smt. Jhumki Saha.     

                                                 F  I   N   A    L       O    R   D    E     R

1. The complainant namely Sri Rajdeep Chowdhury  by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended upto date ) has prayed for a direction to be given upon the O.P. to pay an amount of Rs. 58,870/- with the interest at the rate of 18 per cent per annum and litigation costs along  with other relief/s as the Forum may deem fit and proper.

2. Brief facts of the case is that the complainant was admitted on 8^th  August, 2013 to o.p. Engineering College for the session of 2013-14 through e-counselling conducted by WBJEE, 2013 after depositing  Rs. 40,000/- along with the registration charges & others of Rs. 15,870/-. Subsequently the complainant took advantage for 4^th counseling  and was selected for Bengal Institute of Technology & Management at Santiniketan. Subsequently on 12^th November, 2013 i.e., after more than four months from the date of admission the complainant decided of his own to withdraw himself from the course from the o.p. college by submitting an application together with refunding the entire deposited amount but the o.p.  paid no heed to refund the amount which caused severe mental agony for the complainant. Being aggrieved complainant filed this instant petition praying for the aforesaid relief.  

3. The o.ps. in its  written version simply denied the  material allegations made in the complaint and contended that the complaint is not maintainable either in fact or in law as the complainant cannot  be treated as  consumer as per C .P. Act, 1986 U/S 2(1)(d) , as the o.p. is only discharging their statutory function and not rendering any service as per Apex  Court Order  for which the instant case is liable to be dismissed.

4.  Upon pleadings of both parties two points arose for determination :

1.  Whether the complaint petition filed by the complainant is tenable under the C.P. Act, 1986 before the  Forum?\
2. Whether the complainant is entitled to get any relief as prayed for? 

DECISION  WITH   REASONS      :

5. Both the points are taken up together for consideration. We have carefully gone through the complaint petition along with necessary enclosures submitted by the o.p. with care study of the  Apex  Court. It is an admitted facts that the complainant was  admitted at the college of the o.p. by depositing Rs. 55,870/- for which the complaint is under the purview of U/S 2(1)(d) of the C.P. Act, 1986. We have also gone through notice of A.I.C.T.E. vide his advt. no. AICTE/DPJ/06/02/2009 where it is categorically mentioned by reproducing the following lines :

A student leave after joining the course and if the seat consequently falling vacant has been filled by another candidate by the last of admission, the institution must return the fee collectedwith proportionate deductions.

6. Moreover, it is noticed from the attendant register submitted by the o.p. that the complainant attended classes for the consecutive months  August, 2013 to October 2013 and submitted his prayer on 8.11.2013 followed by issue no objection certificate on 12.11.2013 by the o.p. to get admission to other college. We have also gone through the prayer of the complainant addressed to the chairman, WBJEE requesting him to refund Rs. 20,000/- as admission fees. Moreover, looking from the various circulars issued time to time by the authority concerned like AICTE it is noticed that the complainant is entitled to get return a part of the deposited amount that is admission fee deposited to the reporting centre of Rs. 20,000/- together with Rs. 10,000/- as caution of the security money in spite of the facts that the complainant applied to draw hi name from the o.p. college much after the starting of the course i.e., in the month of November, 2013. We are , therefore of the view that the complainant is entitled to the relief in part as governed by the authority concerned of AICTE as well as Apex  Court decision.

Both the points are accordingly disposed of.

      Hence,

                                    O     R     D      E      R      E        D 

      That the C. C. Case No. 391  of 2014 ( HDF 391 of 2014 )  be  allowed in part contest with costs against o.ps.

      The O.P.   be directed to refund Rs. 30,000/- ( being the deposited amount of Rs. 20,000/- to the reporting centre along with caution / security money of Rs. 10,000/-) to the complainant within 30 days from the date of this order.

       No order as to compensation.

      The O.P.  is   directed to pay an amount of   Rs. 500/- as litigation costs.

           The O.P. is directed to pay the entire decreetal amount of  Rs. 30,500/- to the complainant within 30 days from the date of this order i.d., the amount shall carry interest  at the rate of 9 per cent  per annum till full realization. 

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

             Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (   P. K. Chatterjee )                                                         

  Member,  C.D.R.F., Howrah.