DATE OF FILING : 11.12.2015.
DATE OF S/R : 15.03.2016.
DATE OF FINAL ORDER : 28.12.2016.
Santanu Maity,
son of Rabindra Nath Maity,
residing at 53/3/1, Rammohan Mukherjee Lane,
P.S. Shibpur, District Howrah……………………….……………….. COMPLAINANT.
1. Supreme Knowledge Foundation Group of Institutions,
being represented by its Secretary,
situated at 1, Khan Road, P.O. Mankundu,
district Hooghly,
PIN 712139.
2. Sri J. C. Bose School of Engineering,
being represented by its Principal,
situated at 1, Khan Road, P.O. Mankundu,
District Hooghly,
PIN 712139……………………………………………… OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Santanu Maity, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to refund all advance amount of Rs. 65,500/- including interest, to pay Rs. 25,000/- as compensation and Rs. 5,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- Brief facts of the case is that complainant paid Rs. 10,000/- towards the part payment of admission fee to the jo.ps. on 12.06.2015. Thereafter he filed an application form provided by the o.ps. and on 11.7.2015 he submitted that the application form on 20.07.2015 on further payment of Rs. 55,500/- to the o.ps. Thus, complainant made a total advance amount of Rs. 65,500/- to the o.ps. to take admission in the course of mechanical engineering in o.ps.’ institution. It was told by the principal of the institution that complainant was required to pay Rs. 3,40,000/- in total for the said course. But after making of payment of Rs. 65,500/-, the o.ps. insisted the complainant to make a further payment of Rs. 50,000/- without telling any reason, whatsoever. But due to the poor economic condition of his father, complainant reque3sted the o.ps. to refund the said deposited amount of Rs.65,500/- and on 28.7.2015, complainant went to the office of the o.ps. on being assured by the o.ps. earlier to take the refund of said Rs. 65,500/- by submitting a letter by writing.But the said amount was not paid by the o.ps. till 14.9.2015 and on that very date the complainant was informed that the o.ps. would not refund the said amount. So being frustrated and finding no other alternative, complainant filed this instant petition with the aforesaid petition.
- Notices were served. But they appeared and filed written version. Accordingly, case heard on contest.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the written version and noted its contents. O.ps. made a simple denial of all the allegations of the complainant without stating any particular reason as to their inability to refund the advance payment of Rs. 65,500/- made by the complainant. It is to be noted here that by 20th July, 2015 complainant made the entire payment of Rs. 65,500/- towards his admission in the mechanical engineering course and immediately after seven days i.e., on 28.7.2015, complainant submitted the application before o.ps. requesting them to refund the said amount on the ground of his father’s poor economic condition. But the o.ps. remained silent without replying the said letter. It is to be kept in mind that complainant applied for the refund before the starting of the session for that particular course. Complainant did not avail himself of any service on any head of payment like Tuition fee, Library and Book Bank, Uniform etc. as per the money receipts provided by the o.ps. Had it been a fact that complainant’s admission was cancelled and his advance amount was refunded by the o.ps., the o.ps. would have been in a clear position to admit some other students very easily. But o.ps. did not do that and by their such non action, complainant suffered great mental agony, physical harassment and financial loss together with the loss of his valuable time, which is very clearly understood by this Forum. Accordingly we are of candid opinion that it is a fit case where the prayer of the complainant should be allowed. Points under consideration are accordingly decided.
In the result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 420 of 2015 ( HDF 420 of 2015 ) be allowed on contest with costs against the O.Ps.
That the O.Ps. are jointly and severally directed to refund Rs. 65,500/- to the complainant within one month from the date of this order.
That the o.ps. are further directed to pay to the complainant an amount of Rs. 3,000/- as compensation and Rs. 2,000/- as litigation costs.
That the o.ps. are further directed to pay the entire amount of Rs. 70,500/- to the complainant within one month from the date of this order i.d., the aforesaid amount shall carry an interest @ 8% per annum till full realization.
The complainant is at liberty to put the final order into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
