In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 322 / 2002.
1) Ramkrishna Maity,
A1/3B, Prince Golam Md. Road, Kolkata-700026. --------- Complainant
---Versus---
1) Smt. Sikha Singh, Director, Annex College o Management Studies,
77, Lanin Sarani, Kolkata-700013, P.S. Taltolla.
2) Sri Vikash Singh, Co-ordinator, Annex College o Management Studies,
77, Lanin Sarani, Kolkata-700013, P.S. Taltolla.
3) Sri Subrata Basak, Co-ordinator (Academic & Administration),
Annex College o Management Studies,
77, Lanin Sarani, Kolkata-700013, P.S. Taltolla. --------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 49 Dated 27/06/2012.
The petition of complaint has been filed by the complainant Sri Ramkrishna Maity against the o.ps. Smt. Sikha Singh and others. The case of the complainant in short is that complainant admitted his son Ritesh Kumar Maity in the institute of the o.ps. for a three years graduate course of BBA + Masme for July, 2001 session and for the said purpose complainant paid Rs.18,000/- for July, 2001 session as one year’s course fee to the said institute. Complainant’s son was asked by the institute to join the classes vide their letter dt.25.8.01. However, complainant was bewildered having received a letter dt.8.2.02 from o.ps. institute arbitrarily claiming an amount of Rs.8500/- as due against complainant’s son and was asked to pay the said amount within 23.2.02 to avoid discontinuation of complainant’s son from o.ps. institute. Having received the said letter, complainant sent a letter dt.22.2.02 to o.ps. institute requesting the authority to clear the doubts regarding the alleged due of Rs.8500/- as claimed by the institute vide their letter dt.8.2.02. Having received no reply from o.ps. institute, complainant further sent three letters dt.23.2.02 which were refused by o.ps. O.ps. institute once against sent a letter dt.29.4.02 arbitrarily claiming a huge sum of Rs.17,000/- from complainant as outstanding towards payments of institute fees. Finding no other alternative and being deprived of services for which complainant had paid Rs.18,000/- to o.ps. institute, complainant came before this Forum for redressal of his dispute and complainant has prayed for relief as mentioned in the prayer portion of the petition of complaint.
O.ps. has entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the instant case is liable to be dismissed since complainant does not has any cause of action at all to file the instant case.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that there is no dispute as regards admission of the son of the complainant in the o.ps. institute on payment of Rs.450/- for purchasing prospectus and further paid Rs.18,000/- as admission fees for admission of BBA + Masme course in o.ps. institute having office at Kolkata. It is the further admitted position is that o.ps. demanded further sum of Rs.8000/- vide their letter received by complaian nt on 8.2.02 ad thereafter complainant wrote a letter to o.ps. on 22.2.02 seeking detailment of the said sum of Rs.8000/-, but no response was received by complainant as against the said letter. Surprisingly enough on 29.4.02 complainant received another letter from o.ps. wherefrom it reveals o.ps. demanded further sum of Rs.17,000/- from complainant as outstanding dues towards payment of institute fees and this position has not been clarified showing detailment by the said letter and for non payment of the same son of the complainant was declared discontinued student of the institute. Complainant demanded refund of Rs.18,000/- and Rs.450/- to which o.ps. did not pay heed to that.
In view of the findings above and on perusal of the entire materials on record we find that o.ps. ought to have much more clarities and transparency in the matter of running their institute and the act on their part amounts to gross deficiency in service being a service provider to its consumer / complainant and complainant has got every right to be aware of each and every break up of the amount asked for by o.ps. institute being a consumer since the act on the part of o.ps. is something like a growth of malignance of the society and this sort of act has taken away carriers of huge youths of promising prospect of our society and such type of break should not be allowed to be continued in the society for the sake of nation as a whole. Accordingly, we hold that complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to refund the complainant a sum of Rs.18,000/- (Rupees eighteen thousand) only plus Rs.450/- (Rupees four hundred fifty) only together with interest @ 9% p.a. from the date of deposit till the date of realization and o.ps. are further directed to pay compensation of Rs.1,25,000/- (Rupees one lakh twenty five thousand) only to the complainant and are further directed to pay a sum of Rs. 1,00,000/- (Rupees one lakh) only to the complainant and Rs.5,00,000/- (Rupees five lakhs) only to the State Consumer Welfare Fund, Govt. of West Bengal, Consumer Affairs Deptt. towards punitive damage for causing unfair trade practice and are further directed to pay the complainant litigation cost of Rs.30,000/- (Rupees thirty thousand) only. O.ps. are strictly directed to comply with the aforesaid order within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
____Sd-_____ ______Sd-______
MEMBER PRESIDENT
