This is a case under section 12 of the Consumer Protection Act 1986.

Brief facts of the complainants’ case is that, the complainant had admitted his son Barnik Chanda in the O.P. School, at Fulbari, in Class (III) on 14.011.2016, by depositing admission fee of Rs. 70,000,/-(Rupees Seventy Thousand Only) for 2017-2018 session and Rs. 10,000/-(Rupees Ten Thousand Only) as security deposit, against money receipt, issued by the O.P. School. As the complainant worked as a Railway Contractor, he had to shift to Udaipur, Tripura with his family members. As a result, Mas. Barnik Chanda could not attend the classes, for 2017-2018. On 09.03.2017, the complainant filed an application, before the O.P. School for withdrawing the admission of his son and requested the O.P. School for refunding the admission fees of Rs. 70,000/-(Rupees Seventy Thousand Only) and security deposit amount of Rs. 10,000/-(Rupees Ten Thousand Only). But the O.P. School refused to refund the above amounts and thereby committed deficiency of service. The complainant then filed this case before this Commission. Hence this case.

The O.P. School did not bother to appear to contest the claim and hence this case was heard ex-parte and finally when the complainant also failed to appear, this case was taken up for disposal, on merits.

In support of his case, the complainant had examined the power of attorney holder, on his behalf and filed certain documents as annexures-1-4.

The power of attorney holder has stated on oath, that Rs. 70,000/-(Rupees Seventy Thousand Only) and security deposit amount of Rs. 10,000/-(Rupees Ten Thousand Only) had been paid at the time of admission, but the son of the complainant could not attend school, as the complainant had  started residing at  Udaipur, Tripura, for his work as Railway Contractor. On demand the O.P. School failed to refund the above amounts.

Though the unchallenged testimony of the complainant has established the facts stated above, but he has failed to corroborate, the testimony by way of producing documents in support. A receipt for caution money has only been filed being Annexure-3, but it is not clear, as to whether the same was refundable or not. There is no further documents like school brochure, fee charts, etc., which could enlighten, as to whether the above amount was refundable or not. That apart though deposit of Rs. 10,000/-(Rupees Ten Thousand Only) has been mentioned in the complaint as well as the testimony, as security, but no receipt, as such has been filed. This failure on the part of the complainant deprives the case from succeeding.

As a result, the instant case fails.

It is therefore,                                                                                                      

O R D E R E D

That the case be and the same is dismissed  on merit, but without costs.

Copy of the Judgemnt/ Final Order be handed over to the parties free of cost.