DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

      C.C. CASE NO. _287_ OF ___2014

DATE OF FILING : 01.7.2014   DATE OF PASSING JUDGEMENT:  12.04.2018

Present                 :   Member(s)    :     Subrata Sarker  & Jhunu Prasad

COMPLAINANT      :   Tarun Kumar Mishra, s/o Bishnu Pada Mishra, 4/5, Laxminarayan Gangue Golli, Khidirpore, Kolkata – 23.

• VERSUS  -

O.P/O.Ps                    :  The Director, NIMTT Computer Technology Pvt. Ltd. L1/9, Vidyasagar Military Road, P.S. Jadavpur, Kolkata – 47.

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                                                J  U  D  G   M  E  N  T

SRI SUBRATA SARKER, Member

This is an application under section 12 of the C.P Act 1986 filed by the complainant on the ground that  being attracted on the advertisement made by the O.P complainant got admission to the Chandra Mohan Jha University at Meghalaya for M.Sc (Electronics)  course   through the O.P on payment of Rs.37,350/ to the O.P. In August the first year exam held. The Roll no. was NC  1001 No. 20   13   02    35. Reg. no. 20125610100001.

Complainant cannot attend in 2^nd year exam in the year 2012 due to his personal difficulties but he attended in the supplementary exam in the year 2013 February.

No result as yet handed over to the complainant  and in the meantime in the year 2013 complainant came to know that Supreme Court dissolved Chandra Mohan Jha University. Complainant demanded either the result or  refund of money . After much persuasion The O.P wanted to pay only Rs.20,829/- and demanded a declaration to the effect  that complainant shall have no demand against the O.P, to which the complainant did not agree and filed this case claiming Rs.37,350/- , compensation Rs.50,000/-, and cost Rs.10,000/-.

The O.P contested the case by filing written version denying all the material allegations contending inter alia that complainant got himself admitted with the said Chandra Mohan Jhal University , Meghalaya in M.Sc course and valid identity card, registration number and roll number were also allotted to him. The case of the O.P is that complainant appeared in the 1at year exam and 2^nd year exam and mark sheets were issued to that effect. Copies of mark sheets are enclosed. The O.P submitted that there is no unfairness on the part of the O.P and prays for dismissal of the case.

Points for decision

1. Whether there is any deficiency in service or unfair trade practice on the part of the O.P?
2. Whether the complainant is entitled to get relief as prayed for or not?
3.  

Decision with reasons

          Admittedly O.P NIMTT is a Study Centre which was told to the complainant. As per advice of the O.P, the complainant got admitted at Chandramohan Jha University . If the O.P is a study centre, a study centre cannot claim themselves as a university. It is well known to us that Board or University conducting the examination is not a service provider. Herein, Study Center is not falling within the purview of Board or University. Their activity is like a broker, collecting fees and arrangement of decree from a University ,herein Chandramohan Jha University in the State of Meghalaya.

          The money was accepted only by the O.P and there is no documents that the amount paid by the complainant was accepted by Chandramohan Jha University. Although the O.P has given assurance and has collected  money from the complainant, but there is no document that the said money was transmitted to the Chandramohan Jha University , Meghalaya. This is undoubtedly a glaring example of unfair trade practice  and no-one can play with the life of a growing-up students in this way.

In the year 2013 the complainant came to know from the Newspaper that the Hon’ble Supreme Court has dissolved the Chandramohan Jha University. Sitting in a bench of the Forum we cannot shut our eyes on the realities and we find that it is the duty of the Bench at least to see that the money which has been invested by the complainant to the Study Centre NIMTT should be refunded with at least bank interest. 

It is true that suffering of the students in their early morning of educational life cannot be compensated by money value . But still then, we would look forward to give some amount of compensation, so that this type of Study Centre may think in future not to collect money with the false assurance to give bright academic career of any student in some Education Centers like Chandramohan Jha University, Meghalaya.

Considering all pros and cons we find that complainant has been able to prove his case of deficiency in service as well as unfair trade practice.

Hence,

                                      ORDERED

That the application under section 12 of the C.P Act, 1986 is allowed on contest against the O.P with cost of Rs. 5000/-.

The O.P is directed to refund Rs.37,350/- to the complainant with interest @9% p.a with effect from the date of last payment made by the complainant   ,within a period of 30 days from the date of this order.

O.P is also directed to pay compensation to the tune of Rs.20,000/- to the complainant as well as litigation cost of Rs.5000/- within the aforesaid period, failing which the complainant is at liberty to execute the order through this Forum.                              

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

                                                Member                                   Member

Dictated and corrected by me

                   Member