West Bengal

Paschim Midnapore

CC/152/2014

Pranabesh Bhattacharyee - Complainant(s)

Versus

The Director, Institute of Science & Technology - Opp.Party(s)

17 Sep 2015

ORDER

                                                          DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

Bibekananda Pramanik, President

and

Mrs. Debi Sengupta, Member.

   

Complaint Case No.152/2014

                                                       

                       Pranabesh Bhattacharjee……………………….……Complainant.

Versus

     The Director/Chairman, Institute of Science & Technology ………….……..Opp. Party.

 

              For the Complainant    : Somashis Ponda, Advocate.

              For the O.Ps.                 : Mr. Asim Kumar Dutta, Advocate.

 

Decided on: - 17/09/2015

 

                          Bibekananda Pramanik, President :- Facts of the case, in brief, is that the complainant  took admission in the institute of the opposite party after taking educational loan from U.B.I., Baranagar Branch, Kolkata.  At the time of admission, the complainant made payment of Rs.7,000/- as caution money along with other charges.  During studies in the institute of the opposite party, the complainant did not get regular available teaching staff and best accommodation in hostel and inspite of assurance, at the time of admission, the opposite party could not make arrange for compassing for his employment.  After passing out, the complainant went to the institute of the opposite party for withdrawal of his deposited caution money but the authority did not care to return the same. Complainant thereafter lodged a complaint in the office of the Assistant Director, Consumer Affairs & Fair Business Practice, Paschim Medinipur and after receiving notice from that office, the opposite party made false allegation against the complainant for avoiding payment of the deposited caution money.  Hence the complaint, praying for return of the caution money and for compensation of Rs.50,000/- and litigation cost of Rs.5,000/-.

Contd………………..P/2

 

 

 

( 2 )

            Opposite party has contested this case by filing a written objection.  Denying and disputing the case of the complainant, it is the specific case of the opposite party that the complainant was a student of the Institute of Science & Technology of the opposite party and as per schedule chart, the opposite party received educational fees and other charges from the complainant.  The opposite party arranged all facilities about study and accommodation of hostel and all facilities are available in the compound of the college of the opposite party with qualified teaching staff.  Opposite party admits that the complainant deposited caution money at the time of admission.  The complainant was a student of Electronic Engineering course but during studies, he used to take alcohol and broke bathroom and other furniture.  The complainant left the hostel within three years without permission of the college authority.  The complainant promised to deposit the value of damaged property of the college authority but after getting the degree, the complainant willfully did not deposit the value of damaged property of the college and he also never attend before the opposite party for refund of his caution money.  With a view to harassing the opposite party, the present complaint has been filed with false allegation.  

Point for decision

Is the complainant entitled to get the reliefs, as prayed for?

 

Decision with reasons

            At the very outset, it appears from the petition of complaint that nowhere in his said petition of complaint, the complainant has mentioned the date of cause of action.  He even did not mention the date of refusal of refund of his caution money by the opposite party.  The petition of complaint is also silent about the date of admission of the complainant in the institute of the opposite party.  However, from the documents filed by the parties, which are lying in the case record, we find that the complainant appeared final examination of B.Tech.  in the institute of the opposite party in the year 2011 and provisional certificate dated 26/05/2011 was accordingly issued by the Director of the opposite party’s institute.  From another certificate dated 03/11/2011, issued by the Vice-Chancellor of the Institute of the opposite party we find that the complainant was conferred a degree of B.Tech. in Electronic and Communication of Engineering.  So, the cause of action for refusal of such return of caution money might have been occurred at best in the end of the year 2011 and refusal of such return, if any, was of course in that year also.  But this present complaint has been filed on 28/11/2014 i.e.  after lapse of limitation period of  two years.  It also appears that the petition of complaint is not supported by an application for condonation of delay in filing  the present complaint.  It thus appears that the present complaint is clearly barred by limitation and as such, the petition of complaint is liable to be dismissed.

 

                           Hence, it is,

                                             Ordered,

                                                                 that the complaint case no. 152/ 2014 is  

hereby dismissed on contest without cost.  

   Dictated & Corrected by me

             

                 President                                         Member                            President

                                                                                                               District Forum

                                                                                                           Paschim Medinipur