FINAL ORDER/JUDGEMENT
SHRI REYAZUDDIN KHAN , MEMBER
This is a complaint case u/s 35 of the CP Act, 2019. The brief facts of the case is that the complainant took admission in the OP’s College (Asutosh College,Kolkata) for BA(Sociology Hons) on 04.08.2022.Later,the complainant cancelled her admission from the mentioned course on 03.09.2022 vide Challan No.22142216,application No.2284138640 and requested the college authority to refund the admission fees of Rs,6060/-as per the UGC guidelines the fees refund policy of 2022-2023 D.O No.2-71/2022 (CPP-II) dated 02.08.2022 where it is mentioned that “Full refund of fees should be made by higher educational institutions on account of all cancellations of admissions/migarations of students upto October 31,2022 for the academic session 2022-2023 as a special case”.The complainant stated that she cancelled her admission on 03.09.2022.The complainant submitted letter addressed to Principal for refund of the money along with her father’s saving account No.(Cancelled Cheque).The complainant further stated that both she and her mother were harassed by the officials of the college.The complainant requested several times,sent e-mails to the OP with relevant documents attached on 13.07.2023,10.08.2023,16.08.2023 and 17.08.2023 as reminders for refund of the money.OP did not pay heed to the complainant’s request and violated the UGC guidelines too. Thus,from the negligent attitude of the OP,the complainant is still suffering from monetary loss and mental harassment.
It is true that no WV has been filed by the OP though several opportunities were given to them for filing WV but they have failed the same as such the allegation stated in the complaint petition remains unchallenged. Regarding this matter ,we can safely state that on failure to file WV by the OP tantamount to admission of the allegations stated in the complaint petition.
In view of the above facts it is observed by us that,it is unfortunate that OP have badly failed to perform their duties and responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the utter negligence on the part of OP.Under the above circumstances, unfair trade practice and the gross negligence and deficiency on the part of the OP is proved and the complainant is entitled to get relief/reliefs.
The instant consumer complaint is thus allowed on Ex-parte against the OP.
Based on the above discussion we disposed of the consumer case in the following terms:-
Hence,
Ordered
1.OP is directed to refund the Admission cancellation fees amounting of 6060/-
1.OP is directed to Pay Rs,10,000/- as compensation for Harassment and mental agony.
2.OP is further directed to pay Rs,3,000/ as litigation cost.
The above mentioned orders are to be complied by the OP within a period of 01 month in default the complainant will be at liberty to put the order into execution as per rules.
Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and
Judgment be uploaded in the website of the Commission for perusal of the parties
