FINAL ORDER

            The case of the complainant, in a nutshell, is that the complainant is an unemployed boy who being attracted with the advertisement of the O.P took admission in the institute

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 of the O.P. under name and style as Kedarnath Institute of Management  and Technology for taking course of M.A. two years degree and at the time of admission the O.P took a sum of Rs. 14,800/- towards course fee in five installments. Thereafter, the complainant after admission in the said institution of O.P. who made an arrangement for 1^st year examination which was held on January / February, 2015 through Karnataka Open University.

            The Complainant received the mark sheet for the said examination through O.P. but suddenly the O.P. suspended the 2^nd year examination of the complainant by winding up the educational institute of the O.P. without giving any notice to the complainant. Thereafter finding no other alternative the complainant asked the O.P. to return the deposited amount which was taken at the time of admission by the O.P. and on 06/07/2017 the O.P. return Rs. 5,000/- to the complainant through bank and the O.P. assured the complainant that he will render proper service to the complainant. But, the O.P. did not take any steps for returning the dues to the complainant.

            Hence, this case filed by the complainant with a prayer for passing an order to direct the O.P. to pay the claim amount of Rs. 9,800/- with interest at the rate of 8% per annum till realization and also prayer for passing an order directing the O.P. to pay Rs. 1, 00,200/- towards compensation for mental agony and sufferings as well as cost of litigation.

            Inspite of issuance of notice and delivered the same (as per Postal Track Report) upon the O.P. he did not turn up before this Forum to contest the case. Hence, the case was proceeded ex-parte against him.

            In support of the case the complainant has filed evidence-on-affidavit as well as written argument in this case. Complainant has also filed some original documents with firisty.

                We have heard argument from the side of complainant and also perused the material on record very carefully.
 

            In this context, the following issues are necessarily come up for consideration to reach just decision of the case.

                                                     POINTS FOR CONSIDERATION

1. Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act ?
2. Has this Forum jurisdiction to entertain the instant case?
3. Have the O.Ps any deficiency in service as alleged by the complainant?
4. Is the complainant entitled to get any relief/reliefs as prayed for?
5.  

                                         DECISION WITH REASONS

                 As all the points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience.

            The complainant is the resident of Vill. & P.O. -Talukertari  P.S. – Falakata within the district of Alipurduar.  The O.P. is also resides at Bhagatpara P.O. – Gopalpur Bagan, P.S. – Madarihat, Dist. - Alipurduar. The complainant has deposited a sum of Rs. 14,800/- to the O.P. and the O.P. has issued receipts showing receiving of money from the complainant. Naturally, the complainant is a bona fide consumer of the O.P. Thus, the complainant is consumer as per provision of Sec. 2(1)(d)(ii) on the Consumer Protection Act, 1986.

            It is evident from the record that residential address of the complainant is at Vill. & P.O. - Talukertari, P.S. – Falakata, Dist. - Alipurduar  and the residential address of the O.P. is also at Vill. – Bhagatpara P.O. – Gopalpur Bagan, P.S. – Madarihat, Dist. - Alipurduar within the territorial jurisdiction of this Forum. The claim amount is also less than the pecuniary limit of this Forum. So, we find and hold that this Forum has ample jurisdiction to entertain the instant case.

            Money receipts dated 26/02/2014, 23/06/2014, 16/11/2014, 02/04/2015 and 14/08/2015  issued by Kedernath Institute of Management and Technology in the name of the complainant Sri Jayanta Modak indicate that the O.P. has received rupees amounting to Rs. 2400/- , Rs. 4000/-, Rs. 1000/-, Rs. 4000/-, Rs. 3400/- respectively; total Rs. 14,800/- from the complainant for the purpose of M.A. in Bengali course and the mark sheet issued from  Karnataka State Open University, Mukthagangotri, Mysore – 570006 being Serial No. M 140245677 dated 09/06/2015 in the name of the complainant Jayanta Modak leads to presume that the complainant has appeared in the 1^st year examination in M.A. in Bengali. As per statement of the complainant the O.P. has returned the amount of Rs. 5,000/- to the complainant as the O.P. has failed to provide the examination of the complainant for the 2^nd year course in M.A. in Bengali. Therefore, the complainant is entitled to receive back the remaining amount of Rs. 9,800/- from the O.P. as the O.P. has deficiency in service as per provision laid down U/S – 2(1)(d)(ii) of the C.P. Act, 1986.

            Further more whereas the O.P. has caused his deficiency in service in providing the completion of full course of M.A. in Bengali for the complainant and whereas inspite of demand of the complainant the O.P. did not pay the rest amount to the complainant as such the O.P. has liability to compensate the complainant for his mental agony and sufferings.

            Considering such position between the parties we are of the view that it should be

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 justified to decree the complainant amounting to Rs. 30,000/- for his mental agony and sufferings together with his dues amount of Rs. 9,800/- + Rs. 1,200/-  as litigation costs; total Rs. 41,000/-.

            Thus all the points are disposed of accordingly.

            Fees paid are correct.

            Hence, for ends of justice; it is;-

                                                                    ORDERED

            that the instant case be and the same is allowed ex-parte with costs against the O.P.

            The complainant Sri Jayanta Modak do get a decree of amounting to Rs. 30,000/- for his mental agony and sufferings and he also do get a further decree of Rs. 9,800/- as his dues + Rs. 1,200/- as litigation costs against the O.P. The O.P. Sri Shibu Bhagat is hereby directed to pay the total decreetal amount of Rs. 41,000/-  to the complainant within 30 days from this day to the complainant failing which the complainant will be at liberty to put this decree into execution according to law.

            In case of realization of the decreetal dues through execution in that event the complainant be entitled to 8% interest per annum on the decreetal dues from the date of filing of this case from 09/03/2018 till liquidation of the entire decreetal dues and the O.P. shall have to pay Rs. 50/- fine per-day to the Consumer Legal Aid Account of District Consumer Disputes Redressal Forum, Alipurduar.

             Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.

Dictated & Corrected by me-