Hon’ble Mrs. Rumpa Mandal, Member.
The concise fact of the case of the Complainant is that the Complainant Smt. Shubhra Roy Singha W/O Sri Chinmay Singha, having Residence at Vill Putimari, P.O. Barachina , P.S. Dinhata, Dist. Coochbehar, Pin- 736135, was enrolled as a student of B.Ed. course for the session 2017 to 2019 in the Institute of O.P. i.e Jangipur collage of Education. The admission fee of the said B.ED course in O.P’s institute was Rs.45000/- (Annex-A series are the photo copy of money receipt) Complainant was appearing for her 2nd semester examination in B.ED course but the O.P. was not providing the admit card of 2nd semester examination for which was abstained from appearing in her examination. Complainant being deprived from the golden opportunity to sit for her 2nd Semester examination approached the O.P. institute with a plea to sit for coming Exams & the O. P. institute through a letter dt. 20.05.19 requested the controller of Examination WBUTTEAPA to allow the Complainant to appear in the coming Examination (Annexure-B being the Photo copy of letter sent to the Controller of examination ABUTTERA by the O.P. dated 20.05. 2019) Subsequently, Complainant being fade up with the attitude of O.P. filed two applications to the O.P. for getting refund of the B.Ed. Course fees on 26-10-2022 and 11-11-2022 respectively through her husband but no step was taken by the O.P. for refunding the B.ED course fees (Annex-C1 and C2 are the photo copy of two application sent to the O.P by her husband and the Complainant dt. 26.10.2022 and 11.11.2022)
Complainant finally filled a complaint before the Assistant Director, Consumer Affairs and Fair Business practices, Cooch Behar to redress her problem of not refunding the B.Ed. Course fees by the O. P. institute. (Annexure-D being the photo copy of complaint filed before the CA & FBP by the Complainant against the O.P.). On 06.06.2023 a mediation was held by the CA & FBP but unfortunately the said mediation miserably failed due to irreconcilability of views between the Complainant and the O.P. (Annex-E being the photo copy of order of mediation by the CA &FBP dt. 06.06.2023.) O.P neither refunded the money nor did he appear in the examination. The aforesaid activities of the O.P is deficiency in service and also negligence of the O.P. due to illegal activities of the O.P the Complainant sustained mental pain and agony and financial loss. The cause of action of the case arose on when the Complainant paid . The cause of action of the case arose on when the Complainant paid Rs. 45000/- as admission fees for the B.Ed. course and on when due to the negligence of the O.P. in providing admit card of 2nd semester in proper time she failed to appear in the 2nd semester exam and when on 20.05.2019 the O.P institute requested the controller of Examination WBUTTEPA to allow the Complainant and among other students to appear in the coming exams and when the Complainant filed two application to the O.P for getting refund of the B.Ed. course fees and among others dated 26.10.2022 and 11.11.2022 through her husband and on 06.06.2023 when the mediation was held before CA &FBP against the O.P. for having the same and it is a continuing cause of action till the date of redress the grievance of the Complainant. The Complainant therefore prayed for refund the B.Ed. course fees and Rs. 212000/- the entire amount spent for the said B.Ed. course along with interest and further order of Rs. 100000/- for deficiency in service and Rs.200000/- as Compensation for mental pain, agony and unnecessary harassment and Rs. 15000/- towards cost of the proceedings.
O.P. finally did not appear. This Commission by its order No. 4 dt. 08.09.2023 decided to proceed with case exparte against the O.P. Accordingly the case is heard ex-parte.
The Complainant in order to substantiate the case adduced evidence on affidavit by filing evidence on affidavit and also proved some documents in the form of Annexure.
We have considered all the pleading and the evidence on record and given due consideration to it.
After assessing the entire evidence on record it transpires that the Complainant incurred admission fees of the B.Ed. course in O.P’s institute amounting to Rs. 45000/- on 11.04.2018,19.05.2018,20.08.2018 and 14.09.2018 respectively. Annexure A1,A2,A3,A4,A5 and A6 reveal the photo copy of money receipt which she paid to the O.P institute. But not providing the admit card of 2nd semester examination she was abstained from appearing in her examination though she had registration no. 17-13125-015 and 2nd semester B.Ed. course bearing Roll No. 1311252.
Complainant specifically pleaded and led evidance to the effect that being deprived from the golden opportunity to appear at the coming exam and the O.P. institute accordingly through a letter dated 20.05.2019 requested the controller of Examination WBUTTEPA to allow the Complainant and among other students to appear in the coming exam. The said allegation of the Complainant stands unchallenged and undiscarded in as much as the O.P. did not contest the case as it was heard ex-parte. The Complainant also filed the documents to show where the O.P institute through a letter on 20.05.2019 requested the controller of examination WBUTTEPA to allow the Complainant and among other students to appear in the coming exam. Annexure-B project that the letter sent to the controller of examination WBUTTEPA by the O.P. dated 20.05.2019.
Further documents like Annexure C1 and C2 also disclose that the Complainant filed two application before the O.P. for getting refund of the B.Ed. course fees on 26.10.2022 and 11.11.2022 through her husband but even after receiving the application no step was taken by the O.P for warning the refund of the B.Ed. course fees. Annexure-D disclose that Complainant filed before the CA and FBP by the Complainant against the O.P the documents also disclose that Complainant the O.P. was given reasonable time for redressal of the grievance of the Complainant which remained not meted out. Annexure-E supports the order of mediation by the CA and FBP dated 06.06.2023.
Therefore the misdeeds on the part of the O.P. tentamounts to deficiency in service by the O.P. which caused mental pain and agony to the Complainant. Accordingly the Complainant had no alternative but to file the instant case.
Thus after assessing the entire pleadings of the Complainant and the evidence on record we are of the view that the Complainant successfully proved the allegation against the Complainant as well as the instant case. The entire pleading as well as the evidence on record could not be controverted by the O.P. because the O.P. preferred not to contest the case. Consequently the Complainant’s case succeeds ex-parte with cost.
Hence, it is
Ordered
That the Complaint case be and the same is allowed ex-parte with cost of Rs.10,000/-
O.P is directed to pay a sum of Rs.45,000/- towards refund the B.Ed. course fees and Rs.50,000/- the entire amount spent for the said B.Ed. course along with an interest of 6% per annum from passing the final order. Rs.50,000/- for deficiency in service and O.P is further directed to pay Rs.30,000/- as compensation for mental pain, agony and unnecessary harassment. Rs.10,000/- towards cost of litigation within 30 days from passing order failing which the O.P shall pay interest @6% per annum on the awarded sum from the date of passing the final order till the realization thereof. In the event to failure to comply with the award by the O.P. the Complainant is at liberty to execute the final order as per the provision 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.
