This is a complaint made by (1) Shantanu Kumar Kaibarta & (2) Sunil Kumar Kaibarta of Hastings, Kolkata-700 022 against (1)Sikkim Manipal University, 152, S.P. Mukherjee Road, P.S.-Kalighat, OP No.1 and Western School of Business Studies, 152, S.P.Mukherjee Road, near Kalighat Metro Station, P.S.-Kalighat, Kolkata-700 026, praying for refund of Rs.21,150 with interest @ 9.25% and compensation of Rs.2,00,000/- with litigation cost of Rs.9,000/-.

            Facts in brief are that Complainant No.1 was admitted to B.Sc(IT) 1^st semester where OP charged Rs.21,150/-. Complainant paid the same vide cheque No.460677 and the cheque was cleared by Bank on 1.1.2014. OP No.1 issued a receipt for Rs.13,150/- and OP No.2 issued a receipt of Rs.8,000/- on 22.7.2014 in fourth week of July, 2014. OP confirmed that B.Sc.(IT) is not recognized by the U.G.C. As a result, Complainant could not continue 2^nd semester of un-recognised B.Sc. (IT).

            Further, Complainant has stated that at the time of registration of 1^st semester, OP unnecessarily forced the Complainant No.1 to continue the study. They did not disclose about the fact that B.Sc(IT) was not recognized. Complainants issued notice to the OP asking the money which they paid, but of no use. So, Complainant filed this case.

            On the basis of the above facts the case was admitted and notices were served. But, OP did not appear to contest the case. So, the case was heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief where he has stated the facts mentioned in the complaint petition. In addition, Complainants have filed certain documents.

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

            On perusal of the Xerox copy of the receipt issued by Sikkim Manipal University on 31.12.2013, it appears that OP took Rs.13,150/- and also Rs.8,000/- from Shantanu Kumar Kaibarta who is Complainant No.1.

              Further, it appears that Complainant issued notices to the OP making the allegation that during the study of the B.Sc.(IT) 1^st semester Complainant No.1 could learn that the course is not recognized by U.G.C. and Ministry of Human Resources.

                Since, OP did not appear to contest the case, the allegation which Complainant has made, gets confirmed. In such circumstances, it is clear that OPs made unfair trade practice for taking money and so Complainants are entitled to the reliefs of refund of Rs.21,150/-.

                Further, Complainants have prayed for compensation of Rs.2,00,000/- and litigation cost of Rs.9,000/-.

               Since the conduct of the OPs remain mischievous by befooling the students and making their career locked, it appears that compensation of Rs.50,000/- is required to be awarded against OPs and also litigation cost of Rs.2,000/-.

Hence,

ordered

              CC/305/2016 and the same is allowed ex-parte. OPs are directed to refund Rs.21,150/- within two months of this order, in default, the amount shall carry 10% interest p.a. They are also directed to pay Rs.50,000/- compensation and Rs.2,000/- as litigation cost within this period, in default, this amount shall also carry interest @ 10%p.a. till realization. The liability of OPs is joint and several.