DATE OF FILING                    :     09-04-2014.

DATE OF S/R                            :      10-06-2014.

DATE OF FINAL ORDER      :     22-08-2014.

1.         Sri Utpal Roy,

31/1/5, Kali Banerjee Lane,

Howrah – 711 101.

2.         Howrah District Consumer Protection Society,

a  registered voluntary Consumer Associations,

7, Paran  Chandra Das Road,

Howrah – 711 101. ------------------------------------------------  COMPLAINANTS.

-          Versus   -

The Principal,

St. Paul’s Educational Institutions,

106, Kiran Chandra  Singha Road, Shibpur,

Howrah – 711 102. --------------------------------------------------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.                  Complainants, Shri Utpal Roy and Howrah District Consumer Protection 

Society   by filing a joint  petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) have prayed for a direction to be given upon the o.p. to pay an amount of Rs. 16,900/- along with interest @ 12% p.a. and  litigation costs along  with other relief or reliefs as the  Forum may deem fit and proper. 

1.                  Brief fact of the case is that  the son of complainant no. 1 was admitted to o.p.,

school in Class XI on 22-05-2013 on payment of Rs. 13,700/-  vide  Annexure A. complainant no. 1 further deposited Rs. 3,200/- on 24-05-2013 for school uniform as per o.p.’s direction vide Annexure ‘B’. But before the new session started, complainant no. 1 informed o.p. that his son would not continue his study in o.p.’s institution through a letter dated 16-08-2013 vide  Annexure ‘C’. Again on 17-09-2013 the complainant no. 1 wrote a letter to o.p. claiming the refund after deducting some penalties  vide Annexure ‘D’. But o.p. remained silent without giving any refund to the complainant. As the complainant no. 1 is a member of complainant no. 2,  complainant no. 1 first sought for redressal through  Assistant Director,  C.A. &  F.B.P., Howrah  Regional Office, Complainant no. 2 also wrote a letter   on 21-02-2014 to o.p. claiming Rs. 16,900/- to be refunded to the complainant vide  Annexure ‘E’. But o.p. paid no heed to all these requests which caused severe mental agony for the complainants. Being aggrieved complainants filed this instant petition praying for the aforesaid relief.   

2.                           Notice was  served. But they never  appeared and filed any written version. Accordingly, case heard ex parte against o.p.  

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

i)          Is there any deficiency in service on the part of the O.P.  ?

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

DECISION  WITH   REASONS      :

4.                  Both the points are  taken up together for consideration. We have carefully

gone through the complaint petition and its annexures and noted its contents. As o.p. has never turned  up and did not file any written version, the allegations of the complainant leveled against the o.p. remained unchallenged and uncontroverted. So it is crystal clear that o.p. has nothing to put forward in its favour. And we have no difficulty to believe the unchallenged testimony of the complainant. Even after getting the information from the complainant no. 1 on 16-08-2013, o.p. did not refund any amount to the complainant. The amount of  Rs. 3,200/- was accepted by o.p. towards school uniform may be deducted from the total amount of Rs. 16,900/- as the school uniform is an exclusive item for a particular student. But the rest amount should not have been withheld by o.p. But o.p. did not care to do so. Accordingly the case succeeds ex parte against the o.p.  in part.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 195 of 2014 ( HDF 195 of 2014 )  be  allowed ex parte  with  costs  against  the O.P. 

      That the  O.P is  directed to pay Rs. 13,700/-  ( Rs. 16,900 – 3,200) to the complainant no. 1 within 30 days from the date of this order.  

       No order as to compensation.

      The complainant no. 1 do get an award of Rs. 500/- as litigation  costs.  The o.p. is directed to pay the entire decreetal amount of Rs. 14,200/- ( Rs. 13,700 + 500) to the complainant within 30 days from the date of this order i.d., the amount shall carry interest @ 10% p.a. till full 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.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F., Howrah.