West Bengal

Cooch Behar

CC/46/2023

Sri Shoubhik Karmakar, - Complainant(s)

Versus

The Principal Asutosh College, - Opp.Party(s)

Sri Santosh Kr. Sah,

13 Oct 2023

ORDER

District Consumer Disputes Redressal Commission,
B. S. Road, Cooch Behar -736101.
Ph. No. 03582-230696, 222023
E-mail - confo-kb-wb at the rate of nic.in
Web - www.confonet.nic.in
 
Complaint Case No. CC/46/2023
( Date of Filing : 28 Jun 2023 )
 
1. Sri Shoubhik Karmakar,
Vill. & P.O. Khagrabari, P.S. Kotwali (Now Pundibari) Dist. Cooch Behar-736179.
...........Complainant(s)
Versus
1. The Principal Asutosh College,
92, Shyama Prasad Mukherjee Road, Jatin Das Park, Patuapara, P.S. Bhawanipore, Kolkata-700026.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. RUMPA MANDAL PRESIDING MEMBER
 HON'BLE MR. SUBHAS CHANDRA GUIN MEMBER
 
PRESENT:Sri Santosh Kr. Sah,, Advocate for the Complainant 1
 
Dated : 13 Oct 2023
Final Order / Judgement

 

Hon’ble Mrs. Rumpa Mandal, Member.

In a nutshell the case of the Complainant is that Shoubhik Karmakar applied for admission in the course of Bachelor degree before the OP i.e. Asutosh college and according to merit the Complainant took admission in the BBA course on 01.09.21 for the session of 2021-22 through online admission voucher No.20381739 dated 01.09.21 with a payment amounting to Rs.43,540/-(Annexure-A being the copy of admission receipt). According to his merit the Complainant took admission in the course of BBA for the session of 2021-22 in another college namely Scottish charge college, on 05.09.21 through online for better opportunity (Annexure-B being the copy of admission receipt). Then Complainant requested the OP for cancellation of his admission through online as per guidance of the college on 06.09.21 and the admission cancel status was shown as “Admission cancelled” (Annexure-C being the receipt of admission cancellation request). On 08.10.21 OP also published notice for refund policy of the year 2021-2022 (Annexure-E is the copy of notice for refund policy). Complainant applied before the OP for returning his admission fees in different times alongwith all documents mentioned in the above notice dated 08.10.21. But the Office of the OP did not provide any receipt copy of the application and ignored the matter every time and did not give any receipt. Thereafter, Complainant physically met the OP as well as other Officers several times. On 16.11.21 Complainant and his father submitted applications to the OP for refunding the admission fees alongwith necessary documents. But the OP was silent and did not respond any time. On 02.05.2023 the father of the Complainant submitted application for returning admission fees by registered post and it is known from the online tracking consignment of the postal department that the letter was received by the OP on 06.05.23 but as usual no reply is yet to be received from the OP (Annexure-F and G are the copy of application and postal tracking respectively). The above activities of the OP is clearly deficiency in service as well as the malpractice by the OP. The OP cheated the Complainant for non refund of admission fees and the Complainant suffered mental pain and agony as well as financial loss for the same. The OP legally bound to pay all the claim to the Complainant. The cause of action arose on 01.09.21 when the Complainant took admission and on 06.09.21 when the Complainant requested for admission cancellation and on 29.09.21 and 08.10.21 when the refund policy was published and notification on 02.05.23 against applied for refund and lastly on 06.05.23 when OP received application and it is still continuing.

So, the Complainant files this instant complaint before this Commission seeking several reliefs and for an order directing the OP to refund the admission fees amounting to Rs.43,540/- and to pay the Complainant amounting to Rs. 1 Lakh as deficiency in service as well as mental pain and agony and to pay the Complainant amounting to Rs. 1 Lakh for non-payment of admission fees and Rs.20,000/- towards litigation cost.

Notice has been served upon the OP after filing the case against which there was postal remark of “Item delivery confirmed” on 17.07.23. Accordingly this Commission by its order No.03 dated 18.08.23 decided to hear the case ex-parte against the OP.

The Complainant in order to substantiate the case filed evidence on affidavit and proved different Annexures.

Perused the pleadings of the Complainant and the documents in the case record. Heard the argument advanced by Ld. Advocate for the Complainant. The statements made in the evidence on affidavit are absolutely in consonance with the averments made in the complaint petition.

The Complainant in order to establish the case produced and proved the following documents.

  1. Annexure-A copy of admission receipt of Asutosh College.
  2. Annexure-B copy of admission receipt of Scottish College
  3. Annexure-C copy of admission cancellation request receipt of Asutosh College.
  4. Annexure-D copy of refund of fees policy for the year 2021 to 2022.
  5. Annexure-E copy of notice for refund policy in the year 2021-2022.
  6. Annexure-F & G copy of written application to the OP and postal tracking respectively.

All the aforesaid documents proved by the Complainant stand unchallenged and un-discarded in as much as the case is heard ex-parte.

After perusing all the documents and adduced evidence by the Complainant, it transpires that after taking admission in Scottish Church College on 05.09.21 through online on the next date i.e. on 06.09.21 the Complainant requested the OP for cancellation of his admission through online and admission cancel status was shown as “Admission cancelled”. OP did not refund the admission fees. But according to Annexure-D is the policy of refund fees of Asutosh College for the year 2021 to 2022, if a student chooses to withdraw from the program of study in which fees shall be refunded by all HEIS to an eligible student within 15 days from the date of receiving a written application. Then College will refund the 100% aggregate fees. But here OP (Ashutosh College, Kolkata) did not refund the admission fees to the Complainant.

The entire oral and documentary evidence of the Complainant could not be disproved since the case is heard ex-parte.

In the light of the aforesaid discussion and observation made in the foregoing paragraphs a reasonable inference is drawn that the Complainant successfully proved the case as consumer against the OP and the OP is under deficiency in service as well as malpractice. So, the OP should be considered as committed deficiency in service which caused mental pain and agony.

Thus, the Complainant proved all the documents to substantiate his case. There is nothing to show that the Complainant did not apply for refund of admission fees.

Accordingly, the complaint case succeeds ex-parte against the OP.

Hence, it is

Ordered

That the complaint case No. CC/46/2023 be and the same is allowed ex-parte with cost.

The Complainant do get an award for a direction to the OP to refund of Rs.43,540/- in the account of the Complainant.

The OP is further directed to pay Rs.15,000/- for deficiency in service as well as mental pain and agony and for cost of proceeding of Rs.10,000/- total Rs.68,540/- (Rupees sixty eight thousand five hundred forty only) within 30 days from the date of passing the Final Order to the Complainant failing which the OP shall pay an interest @ 6% per annum on the awarded sum i/d the Complainant shall be entitled to execute the award as per provisions of law.

D.A. to note in the trial Register.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order is also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.

 
 
[HON'BLE MRS. RUMPA MANDAL]
PRESIDING MEMBER
 
 
[HON'BLE MR. SUBHAS CHANDRA GUIN]
MEMBER
 

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