Complainant files hazira. Today is fixed for delivery of Final Order.
The complainant Smt. Tamalika Guha Neogi filed this case against the O.P., Sanjiban Hospital, claiming a sum of Rs. 62,000/- (Rupees Sixty Two Thousand) only along with Rs. 1,00,000/- (Rupees One Lakh) only for mental pain, sufferings, pressure and agony and financial loss. She also prayed for an order directing the O.P.s to pay Rs. 3,00,000/- (Rupees Thee Lakh) only for unfair trade practice and deficiency in service practiced by the O.P.s upon the Complainant and also to pay her Rs. 20,000/- (Twenty Thousand) only for litigation cost and also to handover the original school living certificate to her which is till kept in the O.P.’s hand. The total claim amount of the complainant to the tune of (Rs. 62,000/-) + (Rs. 1,00,000/-) + (Rs. 3,00,000/-) + (Rs. 20,000/-) = Rs. 4,82,000/- (Rupees Four Lakh Eighty Two Thousand) only.
Notice was issued from this Commission which was duly served upon the O.P.s. The complainant submitted the track report wherefrom it is clear that notice was duly served upon the O.P.s but the O.P.s did not turn up before this Commission to contest the instant case. Only Proforma O.P. No. - 4 appeared in this case and stated his position by way of an Affidavit. He also did not turned up subsequently to contest the matter. Accordingly, the case is taken up for ex- parte hearing.
The brief fact of the case is that the complainant after completion of her H.S. Examination, perused an advertisement through on-line wherefrom she got an information that the O.P.s are a reputed class 1 Super Speciality Hospital, being a unit of Chikitsabarti Udyog, registered under the West Bengal Societies Registration Act and popularly known to cater the day to day demands and requirements of its patients and also known to offer Diploma Courses in General Nursing and Midwifery claiming to provide exuberant College infrastructures and is having its place of office- cum- business at Cijaberia, Fuleswar, Uluberia, under P.O.- Cijaberia, P.S.- Uluberia, District- Howrah. The complainant observing the lucrative offers broadcasting regarding its ongoing admission process with regard to Diploma Courses in General Nursing and Midwifery by the O.P.s got deeply attracted and decided to take admission in the said Nursing Institution. Thereafter, the parents of the complainant paid a sum of Rs. 50,000/- (Rupees Fifty Thousand) only to the O.P.s towards advance amount for admission fee of the seat booking with the said O.P.s where it is stated that the course fee for the aforesaid 03 (Three) years course had been Rs. 3,30,000/- (Rupees Three Lakh Thirty Three Thousand) only. The parents of complainant had also paid a sum of Rs. 12,000/- (Rupees Twelve Thousand) only in cash, towards 2 (Two) months Hostel Fees on 06/11/2020 to the O.P.s.
The further case of the complainant is that due to COVID- 19 Pandemic the O.P.s declared that the said course to be conducted through online classes until further directions and directives of the concerned authority guided by the State Govt. and Central Govt. ruling thereof and the complainant had started her online classes for the said General Nursing and Midwifery (G.N.M.) course from Jalpaiguri in the month of November, 2020 with the assistance of the O.P.s Institution.
The further case of the complainant is that subsequently she came to know from a daily Bengali News Paper as well as Social Media source where it was clearly broadcasted the news published from the Government of West Bengal, Directorate of Health Service, Nursing Section, Swasthya Bhawan, Kolkata regarding the fakeness and illegal Nursing courses of various institutions and the complainant saw the name of the O.P.s there. It is also the case of the complainant that when they came to know the advertisement published in the newspaper regarding fakeness of the O.P. Hospital they became astonished and asked the O.P. to refund the said sum of Rs. 50,000/- (Rupees Fifty Thousand) only + Rs. 12,000/- (Rupees Twelve Thousand) only = Rs. 62,000/- (Rupees Sixty Thousand) only which the complainant had paid to the O.P. towards booking of seat as well as Hostel Charges for 2 (Two) months.
On the receipt of the letter dated 14/01/2021 from the father of the complainant, the representative of the O.P.s put- in an endorsement to that letter by stating that the application not within the date after process.
Subsequently, the complainant was compelled to lodge a Written Complaint against the O.P.s before the concerned office of the Assistant Director, Consumer Affairs and Fair Business Practices, Jalpaiguri Regional Office and in connection to this Consumer Affairs and Fair Business Practices, Jalpaiguri Regional Office informed the O.P.s to attend the meeting for pre- litigation mediation on 02/03/2022 at 1:00 p.m. but the O.P.s had not appeared in the said meeting.
Points for consideration
- Whether the complainant is a consumer?
- Whether the case is maintainable under C.P. Act 2019?
- Whether there is any deficiency in service on the part of the O.P. as alleged by the complainant?
- Is the complainant entitled to get any award and relief as prayed for as per the prayer of the complaint?
All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.
In order to prove the case the complainant filed written deposition in chief in the form of an Affidavit.. The complainant has also filed some documents along with examination in chief which are stated as follows-
List of documents filed by the complainant
- One photocopy of Money Receipt dt. 06/11/2020 of Rs. 50,000/- (Rupees Fifty Thousand) only.
- One photocopy of Money Receipt dt. 06/11/2020 of Rs. 12,000/- (Rupees Twelve Thousand) only.
- One photocopy of communication dt. 14/01/2021 received by the O.P. Institute.
- One photocopy of communication to the Asst. Director (C.A. & F.B.P., Jalpaiguri) dt. 11/02/2022
- One photocopy of Bengali Daily
- One photocopy of Face Book page.
- One photocopy of Letter issued by Asst. Director (C.A. & F.B.P., Jalpaiguri).
At the time of argument Ld. Advocate of the complainant has stated that the complainant has been able to prove the case against the O.P.s not only through the written deposition in chief in the form of an Affidavit but also through the documents which they have filed along with their written examination in chief.
Having heard the Ld. Advocate appearing on behalf of the complainant and on perusal of the written complaint , examination in chief along with documents which are listed by the complainant it reveals that , she claims herself as a consumer as per the provisions of the Consumer Protection Act ,2019 and she is praying for relief as per her prayer.
Now, let us consider whether the complainant of this case is a consumer or not.
As per bare provisions of the Consumer Protection Act, 2019 a consumer means any person who
- buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person , but does not include a person who obtains such goods for resale or for any commercial purpose ; or
- hires or avails of any services for a consideration which has been paid or promised or partly praised and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment , when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purpose;
Definition of service as under:
(o) service means of any description which is made available to potential users and includes, but limited to,
the provision of facilities in connection with banking, financing, insurance, transport, processing, supply
of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement
or the purveying of news of other information, but does not include the rendering of any service free of
charge or under a contract of personal service.
From the basic provisions of the said Act as well as the documents filed by the complainant it clearly proves that the complainant was a consumer under the O.P.s.
On careful scrutiny of the entire record it is proved that the complainant had deposited a sum of Rs. 50,000/- (Rupees Fifty Thousand) only for booking of seat under KSNC, INC and also paid a sum of Rs. 12,000/- (Rupees Twelve Thousand) only towards hostel charges for two months. It is also proved that the O.P. Institution was declared as fake and to that effect Government of West Bengal Directorate of Health Services, Nursing Section, Swasthya Bhawan, Kolkata relayed a news regarding the fakeness and illegal nursing courses of various institutions which included the name of the O.P. and thereafter, on 14/01/2021 the father of the complainant had visited the O.P. and demanded the said of money which they had already paid to the O.P.s. It is also proved that as per demand of the complainant the O.P.s did not refund the said sum of Rs. 62,000/- (Rupees Sixty Thousand) only to the complainant and that’s why the complainant was compelled to lodge a written complaint against the O.P.s before the office of the Assistant Director, Consumer Affairs and Fair Business Practices, Jalpaiguri Regional Office. But the O.P.s did not attend the mediation meeting and hence, the complainant did not get any relief there from.
Considering the unchallenged evidence of the complainant and its documents we are of the view that the complainant has been able to prove her case against the O.P.s and she is entitled to get relief.
Hence it is,
ORDERED
That the complainant has been able to prove her case and she is entitled to get a sum of Rs. 50,000/- (Rupees Fifty Thousand) only + Rs. 12,000/- (Rupees Twelve Thousand) only = Rs. 62,000/- (Rupees Sixty Thousand) only. The O.P.s are directed to pay the said sum of Rs. 62,000/- (Rupees Sixty Thousand) only to the complainant within 30 (Thirty) days from the date of this order. The O.P.s are further directed to pay a sum of Rs. 10,000/- (Rupees Ten Thousand) only as compensation to the complainant against the unfair trade practice and deficiency in service. The O.P.s are also directed to pay a sum of Rs. 10,000/- (Rupees Ten Thousand) only to the complainant towards the cost of litigation. The O.P.s are also directed to pay a sum of Rs. 10,000/- (Rupees Ten Thousand) only to the Consumer Legal Aid Fund in default of payment of the award amount within the stipulated period as stated above and also to handover the original school living certificate to her which is till kept in the O.P.’s hand. The complainant/ Dhr. would be at liberty to execute the same as per law and the O.P.s/ JDR will have to pay interest at the rate of 9% per annum till payment of the decreed amount.
Let the copies of the judgment be handed over to the parties free of cost.
