In the District Consumer Disputes Redressal Commission, Hooghly, At Chinsurah.
Case No. CC/128/2022.
Date of filing: 16/06/2022. Date of Final Order: 09/02/2024.
Narayan Mallick,
s/o Tapas Mallick
r/o at Vill. Dully, P.O. Bahirkhand,
P.S. Haripal, Dist. Hooghly, PIN. 712405. ……complainant
-vs -
- The Chairman/ Branch Head
Rice Education Centre, Howrah Branch,
22 GT Road, South Capital Electronics,
P.O. + P.S. Howrah, Building 3rd floor, 711101.
- The Chairman,
Rice Education Centre, Head Branch,
Belgharia Disari House 11/1,
P.O. + P.S. Belgharia, BT Road,
Rathtala, Kolkata 700056.……..opposite parties
Before: President, Shri Debasish Bandyopadhyay.
Member, Debasis Bhattacharya.
FINAL ORDER/JUDGEMENT
Presented by:-
Shri Debasish Bandyopadhyay, President.
Brief fact of this case:- This case has been filed U/s. 35 of the Consumer Protection Act, 2019 by the complainant stating that the daughter of complainant was enrolled as a student of WBCS course at the branch of the OP-1 on 17th of February, 2022. At the time of the admission the OP-1 states that WBCS offline and online course is available and it would cost around 45000/-. The OP-1 also stated that due to the covid scenario, at present classes will be conducted online and later classes will be held offline at the branch of OP-1. The complainant agreed to that proposal of the OP-1 and accordingly starts paying the fees at several point of time and has till date have paid sum of Rs.42530/- in several modes to the OP-1 and the daughter of the complainant started taking her online classes. The OP-1 did not provide any brochure, or any fees structure documents to the complainant. The daughter of the complainant after attaining classes for two months found very difficulties to follow and understand the curriculum and there after conducted the OP-1 to attend offline classes.
The OP-1 ensured the complainant that the offline classes will be made available to his daughter but instead of Rs.45000/- annually, the fees will be increases to 70000/- annually but at the time of admission, the OP-1 offered both online and offline course at Rs.45000/- annually. The complainant still accepted the offer thinking about the future of his daughter but upon reaching the offline of the OP-1 the complainant came to know that the offline course was of general combined course and not of WBCS course. Offline WBCS course was never available at the branch of the OP-1 but from the very initiation, the OP-1 misled and misrepresented these facts to the complainant and tried to dig out money fraudulently from the complainant.
Knowing all these, the complainant rushed to the head office of the OP-1 at the Belgharia, the OP-2 herein and discussed the matter and came to know the WBCS offline course is only available at the branch of the OP-2 and it would cost around Rs.112000/- in total. The OP-1 has cheated the complainant by misguided her daughters into such course and moreover had provided her with notes of general combined course when she was admitted to WBCS course. This act of the OP-1 tantamount to fraud and cheating with the future of the daughter of the complainant and also misguiding her at the very instance of her career. Be it mentioned here that finally on 17.5.2022 OPs ceased the ID of the daughters of the complainant for which she is even unable to attend her online classes.
Owing to such dispute, the complainant on 5.5.2022 sent a legal notice to the OPs through his Ld advocate for refund of amount paid or for providing proper service as promised at the time of admission but in return the OPs sent a reply notice through their ld. advocate on stating some cock and bull stories.
Complainant filed the complaint petition praying direction upon the opposite party to pay a sum of Rs. 45000/- with interest @18% p.a. and to pay a sum of Rs.300000/- for compensation for harassment, mental agony and pain and to sum of Rs.100000/- for litigation cost.
Defense Case:- The opposite party Nos. 1 and 2 contested the case by filing written version denying inter-alia all the material allegation as leveled against them and stated that the complainant is not at all a consumer against the op nos. 1 and 2 as per definition of the Consumer Protection Act, 2019. The complainant has to prove that he had paid any money to the ops against the admission of Priyanka Biswas on any point of time from his own pocket. It is specifically mentioned here that the complainant is no way a consumer against the ops as they have not received any fees from the complainant. On the other hand the complainant has to strict proof thereof that Priyanka Biswas is her daughter. As per the records and declaration submitted by Priyanka Biswas, the name of her father is “Late Chitta Mondal” and name of her mother is “Kakali Mondal”.
The candidate, Priyanka Biswas purchased a prospectus of this ops and after going through the same and being satisfied, she enrolled in the above referred course and in the admission form which had been supplied to the complainant, it has been categorically mentioned in Clause 8 that any fees which is received by this answering op will not be refunded. The candidate and the complainant had gone through the same and after reading and understating the same, they have affixed their signature in the admission form. The candidate had purchased the admission form and after going through the same had enrolled herself in the course and as such there is an express and binding contract and the complainant has paid the consideration after going through the terms and conditions mentioned therein and started undergoing classes in the said course and as such there is no merit in the complaint filed before the Ld. Commission and hence this instant complaint should be dismissed in limini.
The op recruits the best teachers for imparting the course to all prospective students and RICE has developed a name for itself within India and morefully within the State of West Bengal in providing success through rigorous training, discipline and reevaluation for attaining success in all competitive examinations and as such Ms. Priyanka Biswas had also a fair chance of success after undergoing the course of this op. However, the complainant has tried to provide a deliberate distortion of facts and circumstances with the ulterior motive of subversion of justice and filed the instant complaint petition which will be amplified in the W/O filed the op. It may be put on record that the complainant was never a candidate with this op and in case the genuine candidate i.e. Ms. Priyanka Biswas had any grievance then the question remains as to why so such allegation or grievance was not put forth by the candidate and the complainant has filed this case to unjustly enrich himself at the cost of the original candidate and has not allowed the original candidate to pursue the course which she intended after filing up the admission procedures and attending classes for two months from the month of February, 2022. The filing of the instant case is a classic example of an afterthought filed mischievously after attending the classes and non payment of the dues fees to this op.
The original candidate i.e. Ms. Priyanka Biswas and not the instant complainant had enquired for the WBCS course offered by this answering OP at its Howrah Maidan branch in February 2022 wherein the original candidate was informed by the Branch Head of the Howrah branch that there was no offline/physical WBCS course being offered at the Howrah branch and the complainant was counseled to join the “WBCS Pro Course” and “Geography Optional Pro Course”. Thereafter the complainant decided to voluntarily enroll for the English Foundation Pro course also since the complainant was weak in vocabulary as well as grammar in the month of March, 2022 along with and “SSC/Rail Pro” course. It might be noted that covid protocols were not effective in the month of February and March 2022 and no physical classes were held for the concerned courses availed by Ms. Priyanka Biswas at Howrah Branch. The candidate voluntarily took admission in the online mode wherein facilities were provided for repeated viewing of all classes over and again so the concepts were clear to all candidates. It is also to be noted that apart from the complainant there are 151 number of candidates undergoing the offline course successfully. However no complaint has been received from the other 151 candidates. It is evident that the complainant has stopped the original candidate, Ms. Priyanka Biswas from continuing her courses and tried to unjustly enrich himself. The advocate on behalf of the complainant had sent a legal notice dt. 5.5.2022 and the said legal notice it has been stated that an amount of Rs. 41,000/- but in the instant complaint petition it has been stated that an amount of Rs. 45,000/- has been paid. It is humbly prayed before this Hon’ble Commission that the complainant may be directed to provide the correct and true statements and facts failing which the instant complaint petition may be dismissed. It is also humbly submitted that with ill motive, malice and with the intent to cause harassment to this ops the complainant has not provided the copies of the annexures based on which the complainant has filed the complaint petition. However, the true events had also been stated in the reply sent by the advocate of the op in which the untrue, malicious and concocted contention of the complainant had been negated and the true sequence of events were morefully specified. The complainant was never a candidate of this op but rather one other person namely Ms. Priyanka Biswas had obtained the admission after duly verifying and satisfying herself with regard to the course selected by her.
The complainant has admitted that the original candidate (Ms. Priyanka Biswas) undertook or attended the classes for a period of two months and thereafter she found the classes difficult and thereafter approached the op to allow to attend offline/ physical classes and the same has also been stated very evidently in the reply to the legal notice issued by the advocate of this op. The complainant thereafter attending the online classes approached the Howrah Maidan branch to transfer her course from offline mode to online mode. If the intent of the complainant was to undergo an offline/ physical course then she could have availed the same during the period of her admission in the course in the month of February, 2022 and it was informed by this op when the complainant approached this op after undergoing two months of online classes that offline/ physical classes were not available at Howrah Maidan Branch as intimated during her admission period in the month of February, 2022 and the facility for obtaining offline/ physical classes for the course for the courses availed by the original candidate was only available at the Head office located at Dishari Bhavan, 11/1, B.T. Road, Belgharia, Kolkata 700056. Thus the fact of obtaining admission to a physical/ offline mode for the course was clearly an afterthought as admitted by the complainant itself in the complaint petition.
The complainant excepts the course fees which is charged for online mode will be the same for the offline or physical mode as well and the complainant has stated untrue statement that this op has offered the course fees of Rs. 45,000/- for both offline and online modes as well. On the contrary it is an established fact that the course fees has to be fixed taking into consideration the various costs or expenditures involved and the costs and expenditure for conducting physical classes, electricity charges, sanitization costs etc will entail reciprocal increase in fees for conducting offline or physical mode and since the mentioned expenditure it not incurred for holding classes for online mode hence this op is able to provide the online modes course fees on a lesser quantum than the reciprocal course held for physical or offline classes or modes. The total amount paid by the original candidate till date is Rs. 40,255/- and the op is yet to receive the balance amount of Rs. 12,980/- for the SSC/ Rail Pro Course and another Rs. 20,585/- for the General Combined Course availed by the candidate (Ms. Priyanka Biswas). Thus an amount of Rs. 33,564/- only is still pending to be received by the op and the complainant transferred from WBCS Pro Course to GEN COM offline course and accordingly this op out of goodwill duly adjusted the amount of Rs. 11,800/- which had been paid for the WBCS course. The details of the courses, total course fees, amount paid by the candidate and the amount due from the candidate are mentioned in the W/V. The op never made any statements that the offline mode was held at its Howrah Maidan Branch and the offline/ physical classes are held at the head office of this op situated at Belgharia only. In case the complainant was interested to pursue offline mode of classes then she could have sought admission in the same during her admission in the Month of February 2022. The whole crux of the complaint is that the complainant wanted to avail the offline/ physical mode of class in the fees paid for availing offline mode since it was apprised to the complainant during the visit to the head office at Belgharia wherein it was informed that she could avail offline/ physical classes at the head office and the amount paid by her would be adjusted and she could pay the balance amount for the offline/ physical mode of the SSC/ Rail Pro Gen, combined courses. The candidate had stated that she would make the balance payment but for reasons best known to her and having an afterthought the complainant cooked up a false narrative and story and sent a legal notice and thereafter filed a consumer complaint with the sole purpose of causing harassment, making unjust enrichment and cooking up false and concocted stories against the op. So, the complaint petition is liable to be dismissed with costs.
Issues/points for consideration
On the basis of the pleading of the parties, the District Commission for the interest of proper and complete adjudication of this case is going to adopt the following points for consideration:-
- Whether the complainant is the consumer of the opposite parties or not?
- Whether this Forum/ Commission has territorial/pecuniary jurisdiction to entertain and try the case?
- Is there any cause of action for filing this case by the complainant?
- Whether there is any deficiency of service on the part of the opposite parties?
- Whether the complainant is entitled to get relief which has been prayed by the complainant in this case or not?
Evidence on record
The complainant filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition and denial of the written version of the opposite parties.
The answering opposite parties filed evidence on affidavit which transpires the averments of the written version and so it is needless to discuss.
Argument highlighted by the ld. Lawyers of the parties
Opposite parties filed written notes of argument. As per BNA the evidence on affidavit and written notes of argument of both sides are to be taken into consideration for passing final order.
Argument as advanced by the agent of the opposite parties heard in full. In course of argument ld. Lawyer of opposite parties has given emphasis on evidence and document produced by parties.
DECISIONS WITH REASONS
All points of considerations which have been adopted in this case are taken for consideration and discussion jointly as because the issues involved in these points of considerations are interlinked and / or inter-connected with one another.
For the purpose of arriving at just and proper decision in respect of the above noted points of considerations, this District Commission scanned the materials of this case record and also examined the evidence on affidavit filed by the parties alongwith their interrogatories and the reply given by the parties against the said interrogatories and finds that this complaint case has been filed by Sri Narayan Mallick in respect of coaching of this daughter Priyanka Biswas. It is found that Priyanka Biswas is the student under the Ops but the said student has not claimed herself as a consumer. But fact remains that the complainant has claimed herself as a consumer although he has no way conected with the OPs. Moreso in this regard it is also important to note that the complainant has claimed herself as the father of Priyanka Biswas but in order to establish the relationship of father and daughter. No identity proof has neither been filed nor been proved. So question before this District Commission is that as to who is the actual consumer under the OPs. This matter has not been clarified by the complainant side. Under this position it is crystal clear that neither the complainant nor the student Priyanka Biswas is a consumer under the OPs. So it is crystal clear that the complainant has failed to prove that he is the father of Priyanka Biswas who is the student of OPs in respect of coaching of WBCS examination. When the complainant has failed to prove that he is a consumer under the OPs, it is very clear that this case is not maintainable in the eye of law. Moreover, as per case of the complainant side they have paid Rs.45000/- as the cost of coaching but the complainant has failed to prove the mode of payment of the said amount to the Ops. No document has been filed in this case by the complainant as to how the said amount of Rs.45,000/- ( cost of coaching of WBCS examination) was paid to the Ops. Thus it is also crystal clear that complainant has failed to prove his case which has been highlighted in this complaint case. This matter is also clearly reflecting that this case is not maintainable in its present form and fact.
When it is detected that this case is not maintainable, there is no necessity of discussion the other points of considerations adopted in this case.
In the result it is accordingly
ordered
that the complaint case being no. 128 of 2022 be and the same is dismissed on contest.
No order is passed as to cost.
Let a plain copy of this order be supplied free of cost to the parties/their ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information and necessary action.
The Final Order will be available in the following website www.confonet.nic.in.
