Orissa

Baleshwar

CC/152/2014

Lisa Das, aged about 18 years - Complainant(s)

Versus

The Principal, SULAGNA JUNIOR COLLEGE, Balasore - Opp.Party(s)

Sj. Satya Ranjan Acharya

18 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BALASORE
AT- COLLECTORATE CAMPUS, P.O, DIST- BALASORE-756001
 
Complaint Case No. CC/152/2014
( Date of Filing : 10 Dec 2014 )
 
1. Lisa Das, aged about 18 years
D/o. Sri Jatin Kumar Das, At/P.O- Nuapadhi, P.S- Remuna, Dist- Balasore.
Odisha
...........Complainant(s)
Versus
1. The Principal, SULAGNA JUNIOR COLLEGE, Balasore
Conducted by Sulagna Educational and Charitable Trust, Malikashpur (Shantikanan Road), Balasore.
Odisha
2. The Chairman, SULAGNA JUNIOR COLLEGE, Balasore
At- Mallikashpur (Shantikanan Road), P.O- Azimabad, Dist- Balasore.
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. RASESWARI MOHANTY PRESIDING MEMBER
 HON'BLE MR. SARAT CHANDRA PANDA MEMBER
 
For the Complainant:Sj. Satya Ranjan Acharya, Advocate
For the Opp. Party: Sj. Shaturghna Biswal & Others, Advocate
 Sj. Shatrughna Biswal & Others, Advocate
Dated : 18 Oct 2016
Final Order / Judgement

                         The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Principal, Sulagna Junior College, Malikashpur, Balasore and O.P No.2 is the Chairman, Sulagna Junior College, Malikashpur, Balasore.

                         Factual matrix of the dispute is that the Complainant was a student of Sulagna Junior College and was admitted in the said college on 29.07.2012 vide admission receipt No.71, dt.29.07.2012 on payment of Rs.35,000/-, out of which Rs.32,500/- was received for seat rent and meal charge and Rs.2,500/- towards caution money, by the O.Ps. After completion of course/ study, the Complainant asked the O.Ps to refund the caution money, but the O.Ps cunningly refused to refund the said caution money. Finally, the O.Ps refused to refund the caution money to the Complainant. Thus, the present C.D case is filed with a prayer for refund of caution money with interest and award of compensation including cost of litigation.

                         Written version filed by the O.Ps, where they have denied about maintainability as well as its cause of action. They have further submitted that the Complainant is admitted to the O.Ps college on 29.07.2012, which is not clear here and also there is no provision to refund the caution money to the student at the time of leaving the college/ institution. But, it is a fact that the Complainant was admitted in the said residential college on 29.07.2012. As per the fee structure delivered by the O.Ps, the Complainant has to pay Rs.88,500/- during 1st year and Rs.93,500/- during 2nd year towards college fees, coaching fees and Hostel fees etc. But the Complainant has paid Rs.80,000/- in 1st year and Rs.80,000/- in 2nd year of studies. But till date the Complainant has not paid the rest amount to the O.Ps. But at the time of admission, the Complainant along with her father gave a written undertaking to these O.Ps to abide the Hostel/ college rules and pay the fees in time. Moreover, there is no rule in the said college for refund of any fees. Hence, the petition filed by the Complainant has no merit and is liable to be dismissed with heavy cost.

                         On perusal of the case record and during hearing/ argument, it is noticed that the Ld. Counsel for the Complainant emphatically argued for refund of caution money to the Complainant. On the other hand, the Ld. Counsel for the O.Ps vehemently argued for to produce the fee deposit receipt by the Complainant during her studies in the above said Junior college as per fee structure delivered by the O.Ps to the Complainant. They also further argued that the Complainant has not paid the entire fees to this O.P-College. But, finally the Ld. Counsel for the O.Ps agreed in principle to refund the tuition fees to the Complainant. Hence, the Order:-   

                                                       O R D E R

                         Having regards to our judgment reflected above, the complaint is allowed in part with direction to the O.Ps to refund the caution money of Rs.2,500/- (Rupees Two thousand and five hundred) only to the Complainant within 30 days of communication of this Order.

                         No order as to cost and compensation.

                         Pronounced in the open Forum on this day i.e. the 18th day of October, 2016 given under my Signature & Seal of the Forum.

 
 
[HON'BLE MRS. RASESWARI MOHANTY]
PRESIDING MEMBER
 
[HON'BLE MR. SARAT CHANDRA PANDA]
MEMBER

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