This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not bother to refund her the amount till filing of this complaint.

The brief fact of the case of the Complainant is that she took admission in the Hospital Management Course at the Institution of the OPs after counseling by the experts of the OPs. The OPs have assured to offer the best infrastructure including experienced faculties during pre-admission stage and prior to deposition of the fees. The total course fee for pursuing the Hospital Management Course was settled at Rs.1,20,000/- The OPs have informed her that any student opting for any course in the Institution of the OPs can switch to different available course at the very inception or at a early stage in case of any change in decision in respect to the present opted course. Relying upon the assurance of the OPs the father of the Complainant had paid Rs.72,000/- towards the course fee in part in two installments i.e. on 04.04.2019 for Rs.24,000/- and on 14.05.2019 for Rs.48,000/-. The first installment was paid in cash and the second one by issuing cheque. Both payments were duly acknowledged by the OPs by issuing money receipts in favour of the Complainant. The Complainant was looking for professional environment and healthy educational ambience, which was promised and assured by the OPs. But unfortunately she found huge difference from their assurance and promise in respect of quality of the ambience and classes. Then the Complainant felt that she took an incorrect decision with regard to the said course and decided to think otherwise more so when no classes commenced and/or no effective service was exchanged from the OPs. Under such situation and upon careful observation and scrutiny she decided to quit the said course at a very early stage considering her betterment in future. Thereafter the Complainant visited the OPs-Institution along with her father and requested to refund the deposited fees for Rs.72,000/- to her. The Complainant became shocked and surprised to know from the OPs that the course fees once paid is non-refundable in any circumstances and the same can be adjusted with any substituted course offered by the Institution. The said Rule or stipulation is on its face arbitrary and unimaginable as the same can only be applicable for the students who had availed of services from the said Institution, but the Complainant having decided to quit the said course at the very inception, hence she did not avail of any service from the OPs. So the Rule or stipulation cannot be applicable in respect of this Complainant and moreover the said Rule against the Principles of the Natural Justice. Thereafter on several occasions the Complainant requested the OPs for refund of the paid amount, but to no effect and even the OPs has threatened her that she will not get any redress of her grievance from any Court of Law. According to the Complainant the OPs have withheld the amount till date, which is an example of their deficiency in service as well as unfair trade practice for which the Complainant has been suffering from mental agony, harassment and financial stringency. One demand notice was issued by the Ld. Advocate of the Complainant, which was duly received by the OPs, but the OPs did not bother to reply the same. As the OPs have failed to redress her    grievance, hence having no other alternative the Complainant has approached before this Ld. Commission by filing this complaint praying for direction upon the OPs to refund the entire paid amount of Rs.72,,000/-, to pay compensation to the tune of Rs.1,50,000/- due to deficiency in service, mental agony and harassment and litigation cost of Rs.20,000/- to her.

After admission hearing notices were issued to the OPs directing to appear and contest the complaint by filing written version within 30 days from the date of receipt of the notices. Thereafter due to lockdown declared by the Government of India as well as the Government of West Bengal started on account of severe spur of Covid-19, so the record could not be placed by the office of this ld. Commission on the due date. On 17.12.2020 the Complainant filed the track reports, from where it was noticed that the OPs have received the notices on 07.12.2020, but the OPs did not turn up. As the statutory period for filing written version was not over, time was given to the OPs for filing written version on 07.01.2021. On the said date further time was granted for filing the same on 25.03.2021 and as on the said date none was present on behalf of the OPs to contest the complaint either orally or by filing written version, the Ld. Commission was pleased to pass an order that the complaint will run exparte against the OPs. Thereafter the Complainant has adduced evidence. On the date of final argument none was present on behalf of the OPs.

We have carefully perused the record and documents as available and heard argument advanced by the Ld. Counsel for the Complainant. It is seen by us that admittedly the Complainant took admission at the Institution of the OPs for pursuing the Hospital Management Course. The total course fee was declared by the OPs for Rs.1,20,000/-, out of which the Complainant paid Rs.72,000/- in two installments. Upon received of the said amount the OPs have issued money receipts in favour of the Complainant. It is pertinent to mention that apart from two money receipts and the copy of the demand notice issued by the Ld. Advocate for the Complainant nothing has been filed by the Complainant at the time of institution of this complaint. The Complainant has stated in the petition of complaint that the OPs have assured her regarding good ambience of the Institution and good quality of education, but in this respect no corroborative evidence is adduced by the Complainant.  Moreover the Complainant did not annex the copy of the brochure. During argument on being asked in this respect the Ld. Counsel for the Complainant has submitted that the brochure was not supplied to her. In this regard one question is cropped up in our mind that without knowing the Rules and Regulations/ Terms and Condition of the admission and course whatever it may, what prompted her to take admission at the Institution of the OPs. No fruitful reply is forthcoming from the Complainant in this regard. The Complainant has alleged that as the ambience of the Institution is not good as per their assurance and quality is not up to the mark, hence she decided to quit from the said course as well as the Institution also. Thereafter the Complainant demanded for refund of the paid amount of Rs.72,000/- from the OPs on the ground that no service was availed of by her from the OPs as she took decision to quit at the early stage of the class. Further allegation of the Complainant is that when she approached the OPs for refund she was told by the OPs that the fees once paid is not refundable. In this context that Complainant has stated that such Rule or stipulation is not applicable to her demand as she took decision at the very inception. But in this regard we are of the view that from the content of the petition of complaint it is crystal clear that admittedly there is a clause in the brochure that the fees once paid is not refundable. If the contention of the Complainant is taken as true that she did not avail of any service from the OPs, then how she understood that the ambience is not good, proper or as per the assurance of the OPs and the quality of education is not up to the mark. From her averment it is clear that after joining in the class the Complainant took decision to quit the course as well as the Institution. Therefore the Complainant had left the course and the Institution out of her own choice, she does not prove by adducing any cogent evidence that there is deficiency in service on behalf of the OPs. As the Rules and Regulations are not before us, it is not possible for us to ascertain as to what amount the Complainant is entitled to get refund or as to whether the Complainant is at all entitled to get refund of the paid money or not.  In this respect the Complainant did not adduce any documentary evidence; therefore without perusing the cogent documents, we are not in a position to the claim of the Complainant as sought for. The Complainant also fails to prove deficiency in service as well as unfair trade practice against the OPs by producing cogent evidence.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no-CC/47/2020 is hereby dismissed exparte against the OPs.

However considering the facts and circumstances there is no order as to cost.

Let plain copy be given to the parties free of cost, as per CPR. 

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER