The case of the Complainant in brief is that the daughter of the complainant on pertinent phone calls by the OP to avoid the service of OP no.2 get admission in course of B.Sc. Nursing of OP no.1 paid a sum of Rs.1, 50,000/-only to OP for which the OP had issued the proper money receipts to the daughter of the complainant. It is stated in the petition of complaint that after such payment the daughter of the complainant got seriously sick and when the complainant along with his daughter visited the campus of college of OP no.1 watched the nasty as well as humanly inhabitable situation and thereby decided not to go through the services of OP on the sickness ground only. Accordingly the complainant by post inform the said fact to the OP and requested them to refund the paid amount of Rs.1,50,000/only but till date OP neither refunded the amount nor made any reply. Hence the case.

Complainant filed this case praying for direction upon the OP to refund Rs.1, 50,000/-only, to pay Rs.1, 00,000/-only for mental agony and harassment and to pay Rs.10, 000/-only as litigation cost.

Notice has been served upon OP nos.1 and 2 in spite of that none appeared on behalf of them and no W/V has been filed in respect of them. Hence the case was proceeded ex parte against OP no.1 vide order no.7 dated 22.07.2022 and OP no.2 vide order no.8 dated 05.08.2022.

                                               Decision with reasons

In order to prove his case the complainant Pradip Kumar Nandi filed evidence on affidavit and relevant documents.

The Complainant claimed to have paid Rs 1.50 lakh to OP-Sudha Memorial School of Management and OP-Dreams School of College. In support of such claim the Complainant adduced money receipt . On scrutiny of the said money receipt it appears that complainant paid Rs.1, 00,000/only to Driems School & College of Nursing . On perusal of petition of complaint it appears that the complainant  impleaded “Dreams School of College” as O.P No.2 . However, on perusal of the document it appears that Rs 1, 00,000/ had been paid to “Driems School & College of Nursing”. Therefore, it is evident that the documents as annexed with the petition of complaint does not corroborate with the claim of the Complainant. Moreover, the Complainant failed to prove his case by filing cogent document.

In view of the above discussion we hold that Complainant could not substantiate his allegation. Therefore, the Complainant is not entitled to get any relief as prayed for.

In the result the petition of complaint does not succeed.

Hence, it is,

                                              Ordered

that the complaint case being no.CC/54/2021 is dismissed on merit but considering the situation without cost.

Dictated and Corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER