Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : None
Date of filing of the case :01.09.2022
Date of Disposal of the case : 14.06.2023
Final Order / Judgment dtd.14.06.2023
Complainant above named filed the present complaint u/s 35 of the Consumer Protection Act, 2019 against the aforesaid opposite parties praying for valid Registration Certificate, number for the GNM course for the Academic Year, 2019-2022, for making sitting arrangement in the examination of GNM Course proper education and all facilities for the GNM Course, direction to OP NO.1 to receive balance course fees, to release the original Admit Card , Madhyamik Admit Card of Madhyamik Examination and H.S. Marksheet, compensation amounting to Rs.25,00,000/- for mental pain, harassment etc. , compensation amounting to Rs.25,00,000/- as punitive damages and cost of the case amounting to Rs.1,00,000/-.
He also made alternative prayer directing the OP No.1 to refund cash of Rs.2,41,000/- with interest at the rate of 10%, release of original Admit Card of Madhyamik Examination and H.S. Marksheet, compensation amounting to Rs.25,00,000/- for mental pain and harassment, punitive damaged amounting to Rs.25,00,000/- and Rs.1,00,000/- as cost of the case.
He alleged that he was selected for G.N.M. Training before the OP No.1 and for that purpose he paid Rs.2,25,000/-. Thereafter, he started to attend the class, OP No.1 took away him for first year examination at Bangalore and on that time complainant deposited Rs.16,000/- for travelling and other charges for the said examination but till date complainant did not get any Registration document in respect of the said course. Moreover, result of the aforesaid examination not yet been informed to the complainant till date. No marksheet was given to him in respect of the said examination. Complainant was infected from Covid-19. After the aforesaid examination at Bangalore and after recovery, he attended Second year class after paying fees for the second year amounting to Rs.75,000/-. Thereafter, in the second year course complainant further asked the OP NO.1 and his staff about his Registration Certificate but it was informed that the institute was doing all the necessary arrangement and immediately before second year examination he would get the Registration Certificate from Principal
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or from the authority concerned. Subsequently, OP No.1 handed over one document of OP NO.2 and told that first year examination and second year examination would be held simultaneously and the Registration number would be provided to him. But no Registration Certificate was provided to the complainant. The life career of the complainant is at stake and ruined due to the false assurance and mal-practice of the OP NO.1. Three vital years from the life of complainant have lost which cannot be given back to him. OP NO.1 illegally written the original Admit Card of Madhyamik Examination and H.S. Marksheet in their custody and they refused to hand over it to the complainant. From the conduct of the OP it appears that his institution is a fake one. Hence this case.
On perusal of record, we find that case is running ex-parte against OP NO.1, Pro-OP NO.1 and Pro-OP No.2 as per order no.4 dated 28.10.2022.
Trial
During trial complainant filed affidavit in chief.
Documents
Complainant produced the following documents viz :
- Provisional Money Receipt amounting to Rs.50,000/- dated 26.10.2019.........(One sheet).........(Original)
- Provisional Money Receipt amounting to Rs.1,00,000/- dated 03.12.2019......(One sheet).......(Original)
- Money receipt amounting to Rs.75,000/- dated 19.03.2021........(One sheet).........(Original)
- Admission letter of complainant..........(One sheet).......(Original)
- Admission letter...........(One sheet) ..........(Original)
- Student Canteen Card.........(One sheet)..........(Original)
- Student Card..........(One sheet).........(Original)
- Complaint dated 09.06.2022 lodged by Sukhendra Nath Saha addressed to OP NO.1..........(One sheet)............(Original)
- Complaint lodged by complainant before OP NO.1..........(One sheet).........(Original)
10)Advocate’s letter dated 16.07.2022..........(One sheet)........(Original)
11)Postal Receipt dated 16.07.2022........(One sheet).........(Original)
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Brief Notes of Argument
Complainant filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint, affidavit in chief filed by the complainant, documents filed by the complainant and BNA filed by the complainant. We have carefully considered the same.
On perusal of provisional money receipt dated 20.10.2019, we find that OP No.1 had received Rs.50,000/- from complainant for G.N.M. Course (Admission under KNC, INC).
Course fee has mentioned as 2,80,000/- and examination fees has mentioned as Rs.21,000/-. We find that out of said amount complainant paid Rs.50,000/-.
On perusal of order dated 03.12.2019, we find that complainant paid Rs.1,00,000/- out of aforesaid fees.
On perusal of document dated 19.03.2021, we find that complainant paid Rs.75,000/- for second year fees under KNC and INC. From the aforesaid three documents, it is clear before us that OP NO.1 took the said amount from the complainant relating to his admission in G.N.M. Course.
On perusal of admission letter issued by Ayesha with Pro-OP NO.1, we find that complainant got provisional admission to the first year G.N.M. Nursing Course for the Academic Year, 2019-2020. Duration of G.N.M. Course is three years and they received Xerox marks card of X standard and plus two or PUC marks card certificate and transfer certificate. It has mentioned in the said certificate that complaint is standing in G.N.M. first year course of the Academic Year 2019-2020.
On perusal of another admission letter issued by Pro-OP NO.2, we find that complainant got provisional admission to the first year of G.N.M. Nursing Course under the said institute for the Academic Year, 2019-2020. That duration of said G.N.M. Course is three years.
On perusal of student canteen card, we find that complainant issued the same.
On perusal of another card, we find that OP NO.1 issued the same in favour of the complainant.
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On perusal of complaint dated 19.06.2022, we find that father of the complainant lodged complaint before the OP NO.1. But as per record complainant did not get any fruitful result.
On perusal of another complaint, we find that complainant lodged complaint before the OP NO.1 but as per record he did not get any fruitful result till date.
On perusal of advocate’s letter dated 16.07.2022, we find that Ld. Advocate Mr. Makbul Rahaman sent the notice to the OP No.1 but till date complainant did not get any fruitful result.
From the petition of complaint, affidavit in chief, BNA of the complainant and aforesaid documents, it is clear before us that OP NO.1 took Rs.2,25,000/- from the complainant for his admission at first year G.N.M. Course, but till date he did not provide valid documents in respect of admission of complainant. OP NO.1 produced admission letter which has been allegedly issued by Pro-OP No.1 complainant also gave another admission letter which allegedly issued by Pro-OP NO.2.
It is the allegation of the complainant that he continued the first year class and second year class but till date he did not get any authentic documents in respect of his aforesaid admission or in respect of aforesaid course till date. Even the OP NO.1 could not give any authentic document in respect of admission of the complaint in the G.N.M. Course of his institute or of any other institute.
Aforesaid conduct of the OP No.1 indicates that OP No.1 is not valid institution having valid permission and affiliation to conduct the G.N.M. Course. So, it is clear before us that OP NO.1 somehow, cheated the complainant.
On perusal of record, we find that complainant is the consumer and OP NO.1-3 are service provider.
Having regard to the aforesaid discussion, it is clear before us that complainant has able to established his grievance against OP NO.1-3.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against OP NO.1-3 with cost of
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Rs.5,000/-(Rupees Five thousand) to be paid by OP No.1 in favour of the complainant.
OP No.1 is directed to pay refund Rs.2,41,000/-(Rupees Two lakh forty one thousand) in favour of the complainant within one month from this date failing which aforesaid amount shall carry interest at the rate of 9% per annum form this day to till the date of actual payment and complainant shall have liberty to put this order into execution.
OP NO.1 is further directed to pay Rs.5,00,000/-(Rupees five lakh) as compensation in favour of the complainant for his harassment, mental pain and agony within one month from this date failing which aforesaid amount shall carry interest at the rate of 9% per annum from this day to till date actual payment and complainant shall have liberty to put this order into execution.
OP NO.1 is further directed to refund the original academic documents of the complainant which he took at the time of aforesaid alleged admission in favour of the complainant within one month from this day failing which complainant shall have liberty to put this order into execution.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
