DATE OF FILING                    :     27-11-2013.

DATE OF S/R                            :      26-02-2014.

DATE OF FINAL ORDER      :     28-05-2014.

Riya Ghosh,    

c/o. Ashoke Kumar Ghosh,

At – Bharamallavpur, P.O. Basuri, P.S. Haripal,

District – Hooghly,

PIN – 712403.------------------------------------------------------------------  COMPLAINANT.

-          Versus   -

The Chairman,

Seacom Engineering College,

Jaladhulagori, P.S. Sankrail,

District – Howrah,

PIN – 711302.------------------------------------------------------------------OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

      Member       :     Smt. Jhumki Saha.     

                                                 F  I   N   A    L       O    R   D    E     R

1.               The complainant was a student of Seacom Engineering College of 2009 batch MCA  Course and duly completed the Course on 2012. At the time of admission into the college he deposited Rs. 5,000/- as caution money and Rs. 6,500/- as uniform charge.  The complainant prayed for refund of the caution money along with other reliefs. The complainant requested the authority concern in several occasions but o.p. remained silent and no reply was given to the complainant in spite of the facts that o.p. or his representative duly received a mass  representation  of students including the complainant. Finding no other alternative, complainant filed this instant case praying for a direction to be given upon the o.p. to refund the amount of Rs. 6,500/- along with compensation and other relief as he entitled.  

2.               Notice was served. O.p. appeared and filed written version. Accordingly the case heard on contest.

3.               Upon pleadings of both parties two points arose for determination :

            i)          Is there any deficiency in service on the part of the O.P.?

ii)                  Whether the complainant is entitled to get any relief and compensation as prayed for? 

DECISION  WITH   REASONS      :

4.      Both the points are taken up together for consideration. It is the specific plea of the

o.p.  that the caution money which was deposited by the concerned student/s will be refunded after clearance  of all dues and / or outstanding payable by the student. Moreover, it is also stated by the o.p. that the process of verification take time upto January, 2014 and thereby refund will be made. The statements/ version as stated by the o.p. has got no base and is not tenable to the appropriate court of law where there was a clear guideline by the inspector of colleges, WBUT vide his letter dated 11-03-2013 informed to the concerned o.p. to take proper action in time. But the o.p. did not take any  positive / effective measure.  On the other hand it has been stated by the complainant that he was not offered any uniform in the final year on the contrary  the o.p. received a quantum of money for that purpose. The allegation as made by the o.p. Regarding uniform is far behind the truth that the student is interested to wear / common dress by avoiding college uniform regarding assurance of cam passing of outgoing students which is not desirable of an aspiring  for engineering course students should not have been run this kind of assurance, it certainly destroys the mental strength of the students. The students got admission in the engineering course in a sweet dream for better future but all the sweet dream are in vain. O.p. being an educational institution should be always run in a fair terms and conditions.  Here in spite of having knowledge, o.p. gave all false assurance, dilly-dallying tactics for unnecessary harassing the student/ complainant which is nothing but gross deficiency on the part of the o.p.  Both the points are accordingly disposed of.

           Accordingly the case succeeds with costs. 

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 409  of 2013 ( HDF  409 of 2013 )  be  allowed on contest with costs against the o.p.

      The O.P. is hereby  directed to pay Rs. 6,500/- being the caution money of Rs. 5,000/- and uniform fees of Rs. 1,500/- to the complainant along with a compensation of Rs. 2,000/- and litigation costs of  Rs. 1,000/-.

      The O.P.  is  directed to pay the entire amount of Rs. 9,500/- to the complainant within one month from the date of this order i.d., it shall carry an interest @ 10% p.a. till actual payment.           

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (   P. K. Chatterjee )                                                          

  Member,  C.D.R.F.,Howrah.