Sri Subhankar Danda,

s/o. Sunil Kumar Danda,

residing at village – Nutan Gram, P.O. Joypur Fakir Das,

P.S. Joypur, District – Howrah.---------------------------------------------- COMPLAINANT.

-          Versus   -

The Principal,

MCKV Institute of Engineering,

243, G.T. Road ( North ), Liluah,

P.S. Liluah, District –Howrah

PIN  – 711204.-------------------------------------------------------------OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  Shortly stated, the facts today to the filing of the present complaint are that the

complainant got admission on 28-07-2012 in 1^st year Automobile Engineering for the 4 years B.Tech Degree Course at MCKV Institute of Engineering under W.B.U.T. located at Liluah Howrah through W.B.J.E.E. in the year 2011-12 after deposited a bank draft of Rs. 40,130/- dated 06-07-2012 and Rs. 39,450/- dated 27-07-2012 through number of money receipts in favour of the said institution. The complainant after being frusted with the curriculum and method of imparting education approached the authority of the institute to refund the money so deposited  in spite of the facts he ( herein the complainant ) attended the class from August,2012 to September, 2012. The authority concerned after being pursued by the complainant refund of Rs. 22,200/- by three number of account payee cheques on the dated 29-10-2012 which is much lesser against claimed amount of Rs. 80,000/-. Complainant had failed to get the claimed money so deposited due to negligent and reluctant attitude of the authority concerned i.e., O.P. Finding no other alternative complainant has filed the present case alleging deficiency in service U/S 2(1)(g) of the C.P. Act, 1986 as he suffered harassment, mental agony and also deprived to get the deposited amount refund on account of in proper education, complainant paid relief and compensation before the Forum in connection with his complaint petition.

2.                  The o.p. is contesting the case contending interalia that the case is not

maintainable in law as well as in facts. The allegation as made in the petition is false, frivolous and motivated with an intention to harass the O.P. the O.P. admitted the facts that at the time of admission on 28-07-2012 the complainant deposited 40,000/-, to the Central Selection Committee due denial the facts of deposition of Rs. 39.450/-.

3.                  Moreover, the O.P. admitted the facts for refund of Rs. 21,250/- to the

complainant and denial the further claimed amount of Rs. 57,800/- which as stated by this answering O.Ps. is false and fabricated and liable to be dismissed and or rejected and the petition so filed by the complainant in the form defame the goodwill of the institution in education world.

4.         Upon pleadings of both parties two points arose for determination :

i)                    Whether the O.P. has negligent in activities and also deficiency in service by not refunding the balance amount in due time ?

ii)                  Whether the complainant is   entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.      Both the points are  taken up together for consideration. On proper scanning 

of the argument as advanced by the agents of the both parties and also revealing the material documents as filed by the parties the brief of the complaint and also written version we have searched out some of the points as per complaint which are to be decided in this case to arrive at just conclusion.

(i)                 No doubt it is admitted facts that the complainant admitted in the 1^st year of 4 years B.Tech Course at MCKV Institute of Engineering and Technology, Howrah on 28-07-2012 through WBJEE as per record as certified by the registrar of MCKV Institute.

(ii)               The complainant initially deposited a bank draft of Rs. 40,000/- in favour of WBJEE Board as per direction of MCKV Institute on 06-07-2012 followed by Rs. 39,450/- in cash through money receipts on 27-07-2012.

(iii)             The complainant attended the class from August, 2012 and thereby approached the authority for not willing continue his course through a letter dated 29-09-2012.

6.      The point of dispute is that complainant deposited necessary requisite fees

on demand through cheque and in cash  in different dates against admission at MCKV Institute and after he ( herein the complainant ) approached to the authority concerned for not willing to continue the class through a letter which is duly been admitted by the O.P. The complainant requested the O.P. to refund the entire deposited amount of Rs. 79.450/- ( Rs. 40,000 + Rs. 39,400 ), but the O.P. accepted his humble submission and refund only a part of claimed amount i.e., Rs. 22,200/- which is less than claimed amount. The complainant tried his best for refund the same but failed. Due to non refund of the claimed amount in due time  he suffered huge problem and tension of financial crisis considering a teenage student. 

7.      The O.P. has taken plea that the complainant stated about the congenial

atmosphere of the institute which was causing his mental frame nor he ventilated his depression and that to the refund of Rs. 21,200/- to the complainant as per guideline of the AICTE, ADV No. AICTE / DPG/06(2)/2009 which is very much confusive and clear violation of the Apex Court Order.

8.      Therefore, it is clear negligence and deficiency in service of the O.P. who is

holding a responsible post. The O.P. has failed to show / adduce any evidence which proved the cause of non refund of the amount deposited by a student like this complainant.

9.      It is  pertinent to mention that as per statement of the complainant the O.P.

failed to refund the rest portion of the deposited amounting to Rs. 57,250/- i.e., total amount paid less refund of Rs. 22,200/- ( Rs. 79,450- Rs. 22,200). The O.P. had the liability to pay the interest of that delayed period. Consumer must not be deprived due to negligence of authority concerned of the institution. It is the deliberate act of omission on the part of the authority concerned of O.P which resulted into this mess for which complainant cannot be allowed to suffer.

10.    Therefore, we hold our opinion that the O.P.’s action is deficient in nature

by not taking due care for not refunding the balance amount deposited by the complainant caused deficiency in service U/S 2(1)(g) and 2(1)(o) of the C.P. Act, 1986.

            As it is already proved that the O.P. has deficiency in service, therefore the complainant is entitled to get the relief as prayed for.

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No. 170  of 2012 ( HDF 170 of 2012 )  be  allowed on contest with  costs  against  the O.P. 

      The O.P. be directed to refund the balance amount of Rs. 57,250/- as deposited by the complainant  within 30 days from the date of this order

      The o.p. do also pay a sum of Rs. 10,000/- as compensation  for causing mental pain, agony  and prolonged harassment to the complainant within 30 days from the date of this order

      The complainant is  also entitled to a litigation cost of Rs. 2,000/- from the O.P.

      If the O.P. failed to comply the above order within the stipulated period as mentioned above the entire amount so ordered will carry an interest @ 12% p.a. till realization.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.