| Complaint Case No. CC/95/2021 | | ( Date of Filing : 02 Aug 2021 ) |
| | | | 1. Piyali Santra | | D/O.: Vaskar Santra, Vill.: Garsafat, P.O. & P.S.: Moyna | | Purba Medinipur | | West Bengal |
| ...........Complainant(s) | |
| Versus | | 1. The Principal (C.A.M.S. College) | | Saradanagar, Bhagabandh, Bankura, Near Puabagan Engineering College, PIN.: 722146 | | Bankura | | West Bengal |
| ............Opp.Party(s) |
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| Final Order / Judgement | Ld. Advocate for the complainant is present. Judgement is ready. It is pronounced in open Commission in 3 pages in 2 separate sheet of papers. BY - SRI. SAURAV CHANDRA, MEMBER - Brief facts of the Complainant’s case are that the Opposite Party is a registered Medical and Paramedical Training Institute / College of the Govt. of West Bengal vide Regd.No.00109 and recognized by Indian Nursing Council (INC) as well as Kerala Nursing Council (KNC) in which the Complainant took admission for GNM Course by paying fee of Rs.65,000.00 with an assurance that the institute/college of the Op is recognized by the West Bengal Nursing Council, otherwise the fee will be refunded.
- Subsequently, the Complainant realized that the college / institute of the Op is not recognized by the West Bengal Nursing Council and for which she left the college / institute and claimed full refund from the Op but, the Op didn’t refunded the same.
- Therefore, the Complainant prefers to move before this Commission for necessary redressal.
- The cause of action of this case arose on and from 21.06.2021 when the Op refuses to refund the payment.
The Complainant, therefore, prays for:- - To Refund Rs.65,000.00 plus Interest to the Complainant by the Op.
- To pay Litigation Cost to the Complainant by the Op for conducting the case.
- Notices were duly served upon the Op but, Op preferred to see that the case be decided ex-parte against it.
- Under the above circumstances, the Complainant has prayed for ex-parte order against the Op.
- Points for determination are:
- Is the case maintainable in its present form and in law?
- Is the Complainant entitled to the relief(s) as sought for?
- Decision with reasons
- Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
- We have carefully perused the Petition of the Complainant alongwith all papers and other supporting documents.
- Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that Complainant is a consumer having grievances against the Op as such the case is maintainable in its present form and in law.
- In the instant case, the Complainant submitted a list of documents containing the copy of Legal Notice, Complaint against the Op, Refund Claim Letter by the father of Complainant to the Op, two GNM-2020 course admission fee payment Receipts in favour of the Complainant issued by the Op, H.S Qualification Certificate, Aadhaar and Voter Id of the Complainant.
- From the above submitted documents, it is carefully observed that nowhere the Op promised or claimed anything about the recognition of its college / institution or course from the West Bengal Nursing Council. Rather from the very beginning i.e. during admission of the Complainant two Money Receipts issued by the Op amounting to Rs.25,000.00 dated: 25.08.2020 and Rs.40,000.00 dated: 01.09.2020 speaks, the college / institute of the Op is recognized by the INC i.e. Indian Nursing Council and KNC i.e. Kerala Nursing Council as Nursing and Paramedical College / Institution. The West Bengal Registration No.00109 is also printed in those receipts but, that doesn’t mean the college / institute is recognized by the West Bengal Nursing Council. The Complainant has not been able to prove by adducing cogent evidence that Op caused any fraud practice upon him and the printed details on the receipts are false or fake.
- Moreover, from the submitted letter issued by the Complainant to the Op, it is evident that due to conflicts of opinions between the Complainant and Op, the father of the Complainant decided to discontinue the study of her daughter i.e. the Complainant from the college / institute of the Op and subsequently claimed for refunding the fee. Thus the Complainant has got no cause of action.
- Therefore, it is very much clear that there are no element of negligence, unfair trade practice and gross deficiency of service on the part of the Op.
- Now, coming to the matter of reliefs, the Complainant can’t get any relief as prayed for.
- Accordingly, both the points are decided.
- Thus, the complaint case fails.
Hence, it is O R D E R E D That the CC-95 of 2021 be and the same is dismissed ex-parte against the op, however without any order as to costs. Let a copy of this judgment be provided to the Complainant free of cost. The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties. File be consigned to record section along with a copy of this judgment. | |
