DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 80/2021
Date of Filing Date of Admission Date of Disposal
19.03.2021 05.04.2021 30.07.2024
Complainant/s:- | Sri Sanjoy Kumar Bose, Son of Late Nripendra Kumar Bose, C/10, Amarabati, P.O. Sodepur, P.S. Khardah, District North 24 Parganas, Kolkata – 700110. =Vs= |
Opposite Party/s:- | 1. The Director, INFINITY, a Division of Hiya Computer Academy, having its office at 36/B/1, Kalidas Patitundi Lane (Near Hazra More), Kalighat, P.S. Kalighat, Kolkata – 700026. 2. The Director, INFINITY, a Division of Hiya Computer Academy, having its office at Suite A-2, 14th Floor, Chatterjee International Center, 33A, Jawaharlal Nehru Road, P.S. Park Street, Kolkata – 700071. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
Complainant above named filed this complaint U/s 35 of the Consumer Protection Act, 2019 against the aforesaid Opposite Parties praying for direction to the Opposite Parties for refund of Rs. 6,50,000/-, interest over the said amount, compensation amounting to Rs. 2,00,000/-, cost of the case amounting to Rs. 2,000/- and other reliefs.
Complainants alleged that Opposite Parties gave assurance of confirmed admission of his son in Bharati Vidyapith (Pune), Deemed University in B.Tech Computer Engineering Programme Course and placing reliance upon the said assurance Complainant paid Rs. 6,50,0000/- in favour of the Opposite Parties on different dates.
After receipt of Rs. 2,50,000/- O.P No. 1 sent a letter dated 30/05/2019 and in the said letter they confirmed about receipt of Rs. 2,50,000/- and further informed.
Thereafter, O.P No. 2 by his letter dated 12/07/2019 also informed about receipt of Rs. 4,00,000/- through NEFT on 05/07/2019.
Thereafter, all on a sudden O.P No. 1 under cover sent a letter dated 19/10/2019 and also sent two A/c Payee Cheque bearing no. 000230 dated 20/11/2019 amounting to Rs. 1,25,000/- and Cheque bearing no. 000231 dated 20/11/2019 amounting to Rs. 1,25,000/- and further stated that balance of Rs. 4,00,000/- is kept before them so that Complainant’s son get admitted in the next year.
Complainant deposited those two cheques in the bank account but those two cheques not yet encashed and returned with the note “fund insufficient”.
Thereafter, one Nirmalya Nag, Director, by a letter dated 25/11/2020 informed the Complainant that they have admitted Complainant’s son in AJEENKYA D Y PATIL University Pune in Bachelor of Technology in Computer Engineer through management quota for the session 2020-21 instead of Bharati Vidyapith (Pune) Deemed University in B.Tech Computing Engineering Programme Course and asked for confirmation of the same.
Thereafter, Complainant by a letter dated 07/12/2020 informed the Opposite Parties about the bounce of aforesaid two cheques and also informed that they will not accept the aforesaid admission in AJEENKYA D Y PATIL University and further requested to refund the aforesaid sum of Rs. 6,50,000/- but they did not pay any heed. Hence, the Complainant filed this case.
Opposite Parties appeared in this record and filed W/V contending interalia that the case is not maintainable and Complainant has no cause of action to file this case.
They further contended that Complainant’s son failed in Mathematics in class XII which the Complainant at the time of approaching the Opposite Parties for making arrangement of the admission suppressed.
They denied the entire allegations and further contended that instant complaint is harassive, frivolous, vexatious with an intention to grab property of the O.P. They prayed for dismissal of the case.
Contd. To page no. 2 . . . ./
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C.C. No. 80/2021
Decision with Reasons
We have carefully gone through the petition of complaint filed by the Complainant, W/V filed by the O.Ps, affidavit-in-chief filed by the Complainant, questionnaire filed by the O.Ps, reply submitted by the Complainant, BNA filed by the Complainant.
O.P admitted in their W/V that Complainant paid Rs. 6,50,000/- in their favour. They also stated that they were willing to refund the money but Complainant refused to accept the same with malafide intention.
On perusal of letter dated 30/05/2019, 12/07/2019 we find that O.Ps agreed to admit the Complainant’s son in a package and in the said letter they received that Complainant paid Rs. 2,00,000/- i.e. on 15/05/2019 and 23/05/2019. Copy of Bank Passbook also supports the same.
In the said letter it has also mentioned that Complainant paid Rs. 50,000/- as Consultancy Service Charge (non-refundable).
On perusal of copy of letter dated 12/07/2019 we find that O.Ps admitted that they have received Rs. 4,00,000/- through NEFT.
On perusal of copy of letter dated 19/10/2019 we find that one Nirmalya Nag returned two cheques @ Rs. 1,25,000/- each.
On perusal of copy of bank note we find that those two cheques not yet encashed due to fund insufficient.
In the letter dated 25/11/2020 said Nirmalya Nag informed the Complainant that they have arranged admission of the Complainant’s son in another institution.
On perusal of copy of letter dated 07/12/2020 we find that Complainant informed the O.Ps that they are not willing to accept the aforesaid admission. He by filing the said letter asked the Opposite Parties to refund the same.
In the letter dated 05/02/2021 said Nirmalya Nag informed the Complainant that they arranged the admission of Complainant’s son at AJEENKYA D Y PATIL University (Pune) and in doing so they incurred an expensed Rs. 4,00,000/-.
They further stated that they will refund an amount of Rs. 2,50,000/- through NEFT within next 30 working days.
Ld. Advocate for the Complainant argued that as per the said assurance O.Ps did not refund the said amount in favour of the Complainant till date.
In this context we have carefully gone through the decision of Hon’ble Supreme Court reported in (2009) 1 CPJ 25 (Buddhist Mission Dental College & Hospital Vs. Bhupesh Khurana and Ors.). We find that Hon’ble Supreme Court held:-
“36. In our considered view, on consideration of the totality of the facts and circumstances of the case and in the interest of justice, we deem it appropriate to pass the following directions:
(i) The respondents (complainants) would be entitled to the compensation as directed by the National Consumer Disputes Redressal Commission. In case the amount has been deposited, the respondents would be entitled to withdraw the same.
(ii) We further direct the appellant institute to additionally pay compensation of Rs. one lakh to each of the respondents (complainants).
(iii) We also direct the appellant institute to pay cost of litigation which is quantified at Rs. one lakh to each of the respondents (complainants).
(iv) The appellant institute is directed to pay the amount of compensation and costs within a period of two months.
37. The appeal filed by the appellant is accordingly dismissed with costs and the cross-objections filed by the respondents are allowed with costs in terms indicated in the preceding paragraphs.
38. Consequently, the appeal and cross objections stand disposed of.”
Contd. To page no. 3 . . . ./
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C.C. No. 80/2021
In view of the aforesaid decision Complainant is entitled to get back the money which he deposited before the O.Ps relating to admission of his son and Complainant is also entitled to compensation for his harassment and he is also entitled to litigation cost.
On careful perusal of record we find that Complainant is the consumer and O.Ps are the service provider.
Having regard to the aforesaid discussion it is clear before us that Complainant has able to established their grievance by sufficient documents beyond reasonable doubt and he is entitled to relief as per his prayer.
In the result present complaint succeeds.
Hence ,
It is
ordered,
That the present case vide no. C.C./80/2021be and the same is allowed on contest against the O.P No. 1-2 with cost of Rs. 5,000/- (five thousand) to be paid by O.P No. 1-2 in favour of the Complainants.
O.P No. 1-2 jointly or severally are directed refund Rs. 6,50,000/- (six lakhs fifty thousand) along with interest @9% p.a. from the date of recipe of the amount to till the date of actual refund preferably within 45 days from this day failing which Complainant shall have liberty to put this order into execution.
O.P No. 1-2 jointly and severally are directed to pay Rs. 50,000/- (fifty thousand) as compensation in favour of the Complainant within 45 days failing which Complainants shall have liberty to put this order into execution.
Let a plain copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
