Date of Filing: 15.04.2008<br /> Date of Order:24.09.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 24TH DAY OF SEPTEMBER 2008<br /> PRESENT<br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 955 OF 2008<br /> Kushal Mandal<br /> S/o. Sachindra Nath Mandal<br /> Resident of Arabinda Road<br /> Boxibagan, P.O. Santragachi P.S.<br /> Jagacha Dist. Howrah-711 104<br /> Local Address:<br /> C/o. Mr. Uttam Ghosh<br /> # 156/6 C, Bhagawathi Layout<br /> Hulimavu, Bannerghatta Road<br /> Bangalore 560 076 Complainant<br /> V/S<br /> <br /> 1. Srinath<br /> No. 28/2, Main Road<br /> Seshadripuram, Bangalore 560 020<br /> <br /> 2. B.V. Suresh<br /> (Managing Director)<br /> Bright Educon, No. 211/1, New BEL Road<br /> M.S.R. Nagar, Bangalore 560 054<br /> <br /> 3. Sambhram Academy of Management Studies<br /> Ambabhavani Temple Road<br /> M.S. Palya, Jalahalli East<br /> Bangalore 560 097 Opposite Parties<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> The complainant has prayed for refund of Rs. 2,97,000/-. <br /> The facts of the case are that complainant took admission to MBA course under Bangalore University for the session 2007-09 at Sambhram Academy of Management Studies and paid Rs. 2,40,000/- by cash to Mr. B.V. Suresh, opposite party no. 2. He took admission to the paying guest house of Mr. Suresh on depositing Rs. 10,000/- as caution fee and has paid Rs. 50,000/- by two demand drafts. Complainant was forced out of the exam hall due to non submission of admission fee and caste certificate. Institute denied refund of fee. Mr. B.V. Suresh, opposite party No. 2 gave three post dated cheques in favour of father of the complainant. Total amount under cheques are Rs. 2,47,500/-. All the cheques were bounced. Therefore, he demanded refund of the amount.<br /> 2. Notice was issued to opposite parties. Opposite parties have not appeared and contested the matter in spite of service of notice. Opposite parties 1, 2 and 3 are placed exparte. Opposite parties have not sent any defence version by post also.<br /> 3. Perused the complaint and documents. <br /> 4. The complainant has produced three cheques issued by opposite party No. 2 as a proprietor of Bright Educon. The complainant submitted that these three cheques were presented for encashment to State Bank of Hyderabad, Howrah Branch. But, unfortunately all the three cheques issued by opposite party No. 2 were bounced and cheques were returned to father of complainant. The cheques issued by opposite party No. 2 not encashed for the reason “Funds not arranged for”. Opposite party No. 2 had really cheated the complainant by giving three cheques without arranging the required funds. The complainant had taken admission to MBA course in opposite party No. 3 institution and he has paid the fee through opposite party No. 2. But, unfortunately opposite party No. 2 cheated the complainant by not remitting the fees to opposite party No. 3 institution. Therefore, opposite party No. 3 institution forced complainant out of the examination hall for non submission of admission fee. After demand, persuasion opposite party No. 2 B.V. Suresh gave three cheques in favour of father of the complainant for total amount of Rs. 2,47,500/-. When cheques were presented to the bank for encashment the three cheques returned for “insufficient fund”. In this way the opposite party No. 2 has cheated and committed crime by way of not making arrangement of funds. The complainant a native of West Bengal state had come to Bangalore for getting admission to MBA course under Bangalore University but to his bad luck he had been trapped by opposite party No. 2 and he having received the amount from the complainant failed to remit amount to opposite party No. 3 institution and on demand and insistence opposite party No. 2 gave three cheques for total amount of Rs. 2,47,500/- and all the three cheques have been bounced. In this way opposite party No. 2 Mr. B.V. Suresh who is said to be Managing Director of Bright Educon systematically cheated and committed the grave offence against complainant. A carrier of student has been put to stake and the complainant suffered lot of mental agony, tension and harassment. He lost his prospectus and hopes of getting qualified. Therefore, the opposite party No. 2 must be directed to refund the amount covered under the cheques issued by him. The opposite parties have not appeared and contested the matter even though served with notice. Whatever the case made out by the complainant has gone unchallenged. There is nothing to disbelieve the facts stated by the complainant. Therefore, by accepting the case of the complainant, opposite party No. 2 who is the responsible person; had taken amount from the complainant and also he had given three cheques shall be directed to pay amount of Rs. 2,47,500/- alongwith interest. The complainant has also produced letter of opposite party No. 2 dated 18.02.2008. This letter reads as follows:<br /> “ 18.02.2008<br /> To,<br /> Mr. Kushal Mandal<br /> With reference to your request here by we are canceling your admission in MBA and returning the amount which you paid to us towards your admission and hostel charges. We are returning you amount through PDC’s.<br /> The details of the Cheques are :<br /> 1. Ch.No. 565661 28.02.2008 Rs. 1,00,000/- ICICI Bank. B’lore<br /> 2. Ch.No. 565662 10.03.2008 Rs. 1,00,000/- ICICI Bank. B’lore<br /> 3. Ch.No. 565663 20.03.2008 Rs. 47,500/- ICICI Bank. B’lore<br /> Thanking you,<br /> For BRIGHT EDUCON,<br /> <br /> SD/-<br /> MANAGING DIRECTOR”<br /> 5. By this letter also it is very clear that opposite party No. 2 being Managing Director of Bright Educon had issued three cheques. Therefore, he shall be directed to pay the amount with interest to the complainant. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party No. 2 (MD, Bright Educon) is directed to pay Rs. 2,47,500/- to the complainant along with 18% interest p.a. on the said amount from 28.08.2007 (date of payment) till payment / realisation. <br /> 7. The complainant is also entitled for Rs. 10,000/- towards costs of the present proceedings from opposite party No. 2.<br /> 8. Send the copy of this Order to both the parties free of costs as per statutory requirements. <br /> 9. Pronounced in the Open Forum on this 24TH DAY OF SEPTEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> I concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> CV<br />