For the Complainant:Advocate Sri Prafulla Jagannath Padhy

For the Opposite Parties:Advocate Sri M. K. Mohapatra

Advocate Sri S. R. Mohapatra

Advocate Sri A. K. Dash

Date of Filling:            03.03.2018

Date of Disposal:        31.05.2022

Shri P. Surya Rao, President

The fact of the case in brief is that the Complainant has filed this Consumer Complaint under Sec. 12(1)(a) of the Consumer Protection Act, 1986 alleging deficiency in services and unfair trade practice by the Opposite Parties (in short OPs) and for Redressal of his grievance before this Commission.

Brief fact of the Case:-

            The complainant Miss Ambika Gouda appeared when she attained majority. Prior to her appearance in this case, her father Mr. Surya Narayan Gouda filed this case as Complainant. The brief fact of the case is as follows. The complainant has deposited an amounting of Rs.5000/- vide Money Receipt No.:5885/Dtd:07.06.2016 (Non-Refundable) with the opposite parties for future joining of his daughter in the Junior College day-cum-residential plus two (+2) classes. The complainant deposited the same after came across the advertisement of the opposite parties at School and Examination Centers where the daughter of the Complainant has studied. The opposite parties have given assurance to the complainant that, ‘those students who have deposited the amounting of Rs.5000/-, they will get admission into their college only’. According to the motivation of the opposite parties, the complainant deposited said money to reserve a seat in Plus Two Science (day) classes. The opposite parties have also given assurance to the complainant that, ‘they will call her after results are announced, intimation will be sent by the registered post on priority basis to those who will deposit the amount for admission of the student on online application.’ The complainant also alleged that, the opposite parties neither received the telephone call of him nor issued any intimation letter through registered post’. Finding no other way out, the daughter of the complainant joined into another college for her Plus Two Studies. The complainant repeatedly approached the opposite parties to refund the amount of Rs.5000/- but the opposite parties did not respond. Hence this is the consumer complaint.

            The opposite parties acknowledged the notice of this Commission and appeared before this Commission.

The opposite parties have filed its written statement denying the allegation and claim of the complainant. The opposite parties admitted that, they have received an amounting of Rs.5000/- (Rupees Five Thousand) (Non-Refundable) from the complainant. The opposite parties have replied in their version is that, ‘the intention of the receipt of the said amount from the candidates is only towards processing fees and if the candidate/student is eligible to join this institution on marks basis, then only he/she can take admission into the institution, but the college authority cannot sent the intimation at their instances for the purpose of taking admission of any student irrespective of this total marks.’ The opposite parties further stated that, the minor daughter of the complainant never approached to their college for taking admission after adopting the required procedures. The opposite parties also stated they are always ready and willing to provide admission, if the complainant is eligible for taking admission in this institution. Hence the opposite parties submitted that, the present proceeding is not maintainable as the complainant is not a complainant within the meaning of the Consumer Protection Act. And they have not assured to the complainant for rendering service as such the opposite parties neither rendered deficiency in service nor unfair trade practice made.

Points to determine:-

1. Whether the complainant is coming under the definition of the Consumer as per Consumer Protection Act, 1986?
2. Whether the consumer complaint is maintainable in accordance to the consumer protection act, 1986? And if no, to what relief he is entitled to?

Point No.1:-

            In view of the definition of the Consumer under the Consumer Protection Act, 1986, the present complainant in the instant case is coming under the hire of Services as beneficiary from both the opposite parties. The victim later appeared as Complainant after attaining majority. So the complainant is a consumer in true sense of the Act, 1986.

Point No.2:-

            In view of the submission made by the complainant, and opposite parties, Miss Ambika Gouda being consumer of both the opposite parties it is first and foremost duty of the opposite parties to inform about all the information regarding the admission procedure into the college in accordance to the rules framed by the Govt. of Odisha, processing of application, etc., But in the instant case, the opposite parties did not intimate about all those points to the complainant rather not answered even to the phone calls of the complainant. Motivating of students of 10^th class while board examination was going on is misleading a person and by circulating the publicity papers to attract the prospective students for the Plus Two classes to join into their colleges is also misguiding the pre-matured minds and innocent students and collecting money for the admission into the college in advance i.e., prior to the declaration of the result is unfair trade practices and not providing any information about the intention of the college to the candidate on time is tantamount to deficiency in services. Further mentioning of the non-refundable of amount on the money receipt is violation of the law of the land. As such, the present case is maintainable in accordance to the consumer protection act, 1986.

Keeping in view of the above facts and the provisions of law of the land, the Commission allowed partly the case of the above named Complainant on contest against the Opposite Parties.

Hence, the Opposite Parties are jointly and severally liable and directed:-

1. To refund the amount of Rs.5000/- to the complainant within a period of 45 days from the date of receipt of this Order.
2. To pay compensation of Rs.2000/- to the complainant.
3. To pay litigation cost of Rs.1500/- to the complainant.
4. It is directed to the opposite parties to stop circulating the advertisement regarding admission of the +2 Class prior to declaration of Matriculation Examination and also directed to opposite parties not to approach the 10^th Class students while they are going to the examination centre.

This order shall be complied with by the Opposite Parties within 45 days from the date of receipt of its certified copy, failing which, the opposite parties shall be liable to pay the entire amount from (i) to (iii) along with interest @ 12% p.a. from the date of the order of this case till its actual date of realization and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 1986 for realisation of all dues.

Certified copy of this order be communicated to the parties free of cost.

A copy of this order be also sent to the Secretary, State Consumer Disputes Rederssal Commission, Odisha, Cuttack for information and a copy of same be sent to the server of www.confonet.nic.in for posting in internet. After compliance the case record be consigned to record room.

This order is pronounced on 31^st May 2022 in open Commission.                                                                                                                                                                                                                                                                                                                                                       

Evidence affidavit of the Complainant is filed as PW-1.

A written argument of the complainant is filed.

Evidence affidavit of the opposite parties: NIL.

A written argument jointly filed by the Opposite Parties.

List of Exhibits:-

On behalf of the Complainant:

1. Ext. 1 – Photocopy of the Money Receipt No.:5885/Dated: 07.06.2016 for Rs.5000/-.

On behalf of the Opposite Parties:

1. NIL.