District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri P. K. Chakraborty - President
Miss. Swapna Saha - Member
Consumer Complaint No. 19/2014
Sri Pradip Chandra Das
S/o Gobinda Chandra Das
Vill.: Khadimpur Kanthal Para,
PO & PS: Balurghat
Dist. Dakshin Dinajpur …………………Complainant(s)
V-E-R-S-U-S
Sri Avijit Dutta
S/o Late Ranjit Dutta
Co-Ordinator of New Dishari Study Centre,
Of Bagura Coloney (Near Rabindra Nagar Durga Mondap)
PO & PS: Balurghat,
Dist. Dakshin Dinajpur …………… ...Opposite Party
For complainant ………… - Shri Samit Bhowmick, Ld. Adv.
For OP ………… - Shri Pradipta Kiran Sarkar, Ld. Adv.
Date of Filing : 04.06.2014
Date of Disposal : 06.02.2015
Contd…P/2
Judgment & Order dated 06.02.2015
In brief, case of the complainant / petitioner is that the OP Avijit Dutta runs an academic institution in the name and style as ‘New Dishari Study Centre’ by conducting various academic courses under affiliation of different universities. He being an educated youth intended to complete his B.A. Course in Bengali. For that reason he took admission in B.A. in Bengali (Distance Course) through the institute above named of the OP under CMJ University situated at Meghalaya for the sessions 2009-2010, 2010-2011 and 2011-2012. Although, he deposited course fee in favour of the OP, but OP did not issue receipt against payment of such fees in due time. Ultimately as per his request OP issued receipt dated 6.4.2011 for an amount of Rs.2,000/-, receipt dated 10.7.2011 for an amount of Rs.1,000/-, receipt dated 9.8.2011 for an amount of Rs.1,000/-, receipt dated 25.8.2012 for an amount of Rs.1,500/- and receipt dated 26.8.2012 for an amount of Rs.1,000/- in his favour. It is the further case of the complainant that OP did not supply him registration certificate as well as enrollment certificate. As per direction of the OP he handed over admit card to him for collection of three separate mark sheets along with Registration Certificate and Enrollment Certificate. In the last week of August, 2012 he duly received third year mark sheet only from the office of the OP. On verification it was found that subject codes were not properly typed in the said mark sheet. Then and there he reported the matter to the OP who assured him that he would get new mark sheet within a short period of time after modification. On good faith he handed over the mark sheets. Ultimately he never get any mark sheet or certificates of enrollment and registration or admit card etc. from the OP. Lastly, he sent an Advocate letter on last 30.9.2013 to the OP asking him to deliver mark sheet and other certificates as mentioned above. Although, OP received the said Advocate letter, but no action was taken by him. According to the complainant, there is negligence and deficiency in
Contd…P/3
rendering service on behalf of OP. Hence, he has filed the present case against the OP praying for giving direction upon him to hand over the original admit card, three separate mark sheets for the first year, second year and third year along with registration certificate and enrollment certificate, in default to pay a sum of Rs.50,000/- as compensation with a further prayer for giving direction upon him to pay a sum of Rs.6,500/-, which has been taken from him as course fees and for a sum of Rs.40,000/- as compensation towards mental pain and agony.
OP has contested the present case by filing a written version inter-alia denying all the material allegations made by the complainant in his petition of complaint. It is admitted by the OP that the complainant took admission in B.A. in Bengali (Distance Course) through his institute under CMJ University situated at Meghalaya. It is the main contention of the OP (so far it can be gathered from his written objection) that the complainant was agreed to pay a sum of Rs.15,000/- to him as course fee, but he paid a sum of Rs.6,500/- only out of Rs.15,000/-. He did not come to the office of the OP to take mark sheet and certificates etc. as he did not pay the balance amount of Rs.8,500/-. Now he is ready to deliver mark sheet as well as certificates by receiving balance amount from the complainant. There is / was no laches on his behalf to deliver mark sheet as well as certificates in due time. It is the further case of the OP that admit card had already been delivered to the complainant and there is no provision for issuing separate registration certificate. Present case is malafide one. So, this OP prayed for dismissal of this case.
To prove the respective case complainant alone has been examined as PW-1. Documents as per list have been marked as Exts. 1, 1(a), 1(b), 1(c), 1(d), 2, 3 and 4 respectively.
On the other hand on behalf of OP no witness has been examined. But three separate mark sheets as well as provisional certificate have been filed in this case on his behalf.
Contd…P/4
From the evidence and other materials on record we have come to the following finding.
FINDING WITH REASONS
Before passing this judgement we have carefully perused the petition of complaint, written objection, evidence of the witness and the other materials on record. It is admitted position that the OP runs an academic institution in the name and style as ‘New Dishari Study Centre’ by conducting various academic courses under affiliation of different universities and the complainant took admission in B.A. in Bengali (Distance Course) through the institute of the OP under CMJ University situated in Meghalaya. It is the main contention of the complainant (so far it can be gathered from the petition of complaint as well as from his evidence as PW-1) that although he deposited course fee in favour of the OP, but the OP did not issue receipt in his favour against payment of course fee in due time. Ultimately as per his request OP issued 5 separate receipts dated 6.4.2011, 10.7.2011, 9.8.2011, 25.8.2012, and 26.8.2012 against payment of Rs.6,500/- in total. It is the further case of the complainant that as per instruction of OP he handed over admit card to him for collection of mark sheets along with Registration Certificate and Enrollment Certificate. In the last week of August, 2012 he received third year mark sheet only from the office of the OP. On verification it was found that the subject codes were not properly typed in the said mark sheet. Then and there he reported the matter to the OP who assured him that he would get new mark sheet within a short period of time after modification. On good faith he handed over the said mark sheet to the OP. Ultimately he did not receive any mark sheet or certificate of enrollment as well as registration certificate or any admit card from the OP.
OP did not support the above contention of the complainant. According to him ( so far it can be gathered from his written objection as well as from the trend of cross-examination of PW -1) that the
Contd…P/5
complainant was agreed to pay a sum of Rs.15,000/- as course fee, but he paid only Rs.6,500/- out of Rs.15,000/-. He did not come to the office of the OP to take mark sheets as well as certificates etc. as he did not pay the balance amount of Rs.8,500/-. Now, he is ready to deliver the said certificates as well as mark sheets by receiving balance amount.
Complainant has clearly admitted in his evidence during cross-examination as PW-1 that the amount of course fee against his admission in B.A. in Bengali (Distance Course) is / was Rs.15,000/-. Although, he has stated in his evidence during cross-examination that he paid total fees amounting to Rs.15,000/- to the OP, but to prove the same no paper / document is forthcoming from his side. No explanation is forthcoming from the side of the complainant as to why he did not file any paper to show that he paid the whole amount of Rs.15,000/- as course fee. On the other hand it is seen from Exts. 1 to 1(d) that he paid Rs.6,500/- in total on different dates as course fee. Moreover, complainant has prayed for giving direction upon the OP to pay him a sum of Rs.6,500/-, which has been taken from him at the time of taking his admission in B.A. in Bengali (Distance Course). We are surprised enough as to why complainant did not pray for giving direction to the OP to pay a sum of Rs.15,000/- as according to him (so far it can be gathered from his evidence during cross-examination) course fee was amounting to Rs.15,000/- and he paid the said whole amount to the OP. So, it was rightly pointed out by the Ld. Counsel on behalf of OP that the complainant did not pray for returning the amount of Rs. 15,000/- as he did not pay the same. Be that as it may, at the time of hearing Ld. Counsel on behalf of OP has deposited three separate original mark sheets as well as provisional certificate, which bears Registration No. 10112410120124 of the complainant, by way of firisti in this Forum.
Contd…P/6
Considering the facts and circumstances of the present case we do not find any negligence / deficiency in rendering service on behalf of OP and as such, this case must fail.
Hence, it is
O R D E R E D
that the instant petition of complaint be and the same is dismissed on contest against the OP, but in the circumstances without any cost.
Complainant is at liberty to receive three separate original mark sheets for the first year, second year and third year respectively as well as provisional certificate, which are lying with the record, on proper receipt.
Let plain copies of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………Sd/-….…….
(P. K. Chakraborty)
President
I concur,
……Sd/-..……
(S. Saha)
Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
- Mode of dispatch ……………………
- Date of dispatch ……………………
